EC to Decide on TMC Faction Split: Party Symbol at Stake

The Election Commission (EC) is set to formally acknowledge the split within the Trinamool Congress (TMC) after rival factions approached it claiming the party name and symbol. The poll panel will initiate proceedings under Para 15 of the Symbols Order to determine which faction represents the 'real' TMC.

The EC will examine resolutions adopted by each faction electing their respective leader as party chief, along with details of expulsions and counter-expulsions. It may also review the original party constitution, including Article 20 requiring the election of a national working committee (NWC) every three years. The last such election was held in February 2022, over four years ago. The faction led by Ritabrata Banerjee has argued that the NWC became defunct after its term expired in February 2025. Sources suggest the EC may question the validity of the amended TMC constitution, shared in March 2025, which extended the NWC term to five years.

As the next step, the EC is expected to write to both factions recognising the split and seek additional documentation, including affidavits from supporting MPs and MLAs. This will kick off quasi-judicial proceedings to assess which faction retains the party name and its reserved symbol. A date for the first hearing may be set, and evidence of support from each faction will be shared with the other to allow them to frame arguments.

The decision will be based on the three-test formula laid down in the Supreme Court's 1971 judgment in the Sadiq Ali case. These are: test of adherence to the party's aims and objects, test of the party constitution, and test of majority based on organisational and legislative strength.

Under the test of aims and objects, the EC determines if either faction deviated from the party's stated goals. The test of party constitution checks if internal affairs are conducted according to the constitution and reflect inner-party democracy. The majority test gauges the numerical strength of each faction in the legislative and organisational wings. In the legislative test, the EC counts MPs or MLAs supporting each faction based on affidavits and total votes polled in the last election. In the organisational test, it weighs support from party members.

The EC applies only the test that gives a clear result beyond doubt. In the Shiv Sena dispute of February 2023, the EC found the first two tests and the organisational majority test inconclusive, and relied solely on the legislative majority test to allot the party name and symbol to the Eknath Shinde faction.

Proceedings in symbol disputes can take weeks or months. If a poll is imminent, the EC may freeze the party symbol and ask factions to choose temporary names. However, no such urgency exists in the TMC case as no election or by-election is immediately due.