ECI Adjudicates TMC Factional Dispute: Implications for Party Symbols and Anti-Defection Law

Hindustan Times - India · 1 Jul 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Election Commission of India (ECI) has initiated formal adjudication between rival TMC factions over party name, symbol, and ₹876 crore assets, testing the Election Symbols Order, 1968 and anti-defection law's efficacy.

Key points

Election Commission of India (ECI) has summoned both TMC factions to Delhi to adjudicate rights over party name, election symbol (twin-flower), and assets worth ₹876 crore as per March 2025 financial statements.

The dispute mirrors previous ECI interventions in Shiv Sena, NCP, and AIADMK splits, with decisions based on organisational and legislative support under Paragraph 15 of the Election Symbols Order, 1968.

Rebel faction led by Ritabrata Banerjee claims support of 58 out of 80 TMC MLAs, having formed a parallel National Working Committee and removed Mamata Banerjee as chairperson.

ECI's adjudication process requires factions to submit party constitutions, office-bearer lists, and legislative affidavits, following precedents like the Sadiq Ali case and AIADMK split resolution.

[GS2-Polity] This case tests the Tenth Schedule (Anti-Defection Law) as legislative majority alone doesn't decide defection questions, which remain with the Speaker, while ECI determines party identity.

ECI may freeze the symbol (as done for AIADMK) or award it to one faction based on legislative majority, following the Shiv Sena precedent where Eknath Shinde's faction secured the bow-and-arrow symbol.

The Calcutta High Court is separately hearing challenges to the rebels' recognition as Leader of Opposition, with next hearing on July 28, adding judicial complexity to the political dispute.

[GS3-Governance] The case highlights institutional challenges in regulating party splits, with ECI's role limited to symbols while defection and asset disputes require separate legal processes.

Way Forward: India should amend the Election Symbols Order to include asset distribution mechanisms, establish time-bound adjudication for political disputes, and harmonize ECI's role with the Tenth Schedule to reduce protracted conflicts.

Key terms

Sadiq Ali Case (1972)

Landmark Supreme Court judgment upholding ECI's authority under the Symbols Order to resolve party disputes. Established that ECI's decisions are quasi-judicial and binding, forming the basis for subsequent rulings on splits in Congress, Shiv Sena, and other parties.

National Working Committee (NWC)

The apex decision-making body in many Indian political parties. ECI typically considers NWC resolutions as authoritative during factional disputes, treating them as representative of broader party will, per precedents like the AIADMK split case.

Election Symbols Order, 1968

A legal framework empowering the Election Commission to adjudicate disputes over party symbols during splits. Under Paragraph 15, ECI examines organisational and legislative support to determine which faction represents the original party, crucial for maintaining electoral integrity and preventing voter confusion.

Tenth Schedule (Anti-Defection Law)

Constitutional provision added via the 52nd Amendment to prevent elected members from switching parties. It mandates disqualification for voluntarily giving up party membership or voting against party whip, with the Speaker/Chairperson as adjudicator. Frequently tested in coalition politics and factional disputes.