With the announcement of by-elections for 3 Rajya Sabha seats in West Bengal, the Election Commission (ECI) has now virtually set a deadline for the Election Commission (ECI) to decide on the rival claims on the name and election symbol of the Trinamool Congress party. After the assembly elections, the rebellion in the party intensified. Now two factions have been formed in the party, one of which is led by Ritabrata Banerjee and the other by Mamata Banerjee. Both the groups have claimed themselves to be the real TMC.
After the defeat in the assembly elections in West Bengal last month, by-elections have to be held due to the resignation of Sukhendu Shekhar Rai, Sushmita Dev and Prakash Chik Barik a few days ago. By-elections will be held here on July 24.
Nominations for these three seats will be filed till July 14. If both the factions field different candidates for the elections, then the Election Commission will have to decide before voting who is the real TMC candidate, or will have to give temporary identity to both the factions by withholding the name of Trinamool Congress (TMC).
Also, a matter of 'Form 22A', which is used by a party to appoint its authorized agent to verify the ballot papers of MPs for the Rajya Sabha elections, can also take this case forward. If both the groups file separate forms, then the Commission will have to take a decision on it before the elections.
On this issue, former Chief Election Commissioner SY Qureshi told the English website Hindustan Times, “As I see, the matter is moving in the direction of freezing the name and symbol of the party.” He estimates that the Election Commission will ban TMC's name and the 'twin flower' election symbol until the final decision is taken. Meanwhile, it will give temporary identity to both the groups – “like TMC-M and TMC-R.”
He said that with such an arrangement, both the groups will be able to contest elections on 3 Rajya Sabha seats under different names given by the Election Commission, while the matter related to who is the real TMC will remain pending.
Out of 294 seats in the West Bengal Assembly, Bharatiya Janata Party (BJP) won 207 seats and in this respect it is expected to win all three seats.
The war has started once again regarding the real TMC. Mamata Banerjee faction claimed to the Election Commission that it is the real TMC. Senior TMC MP Kalyan Banerjee, who presented the party's side before the election officials in Delhi, said, "The party has emphatically said that the tenure of the National Working Committee is till 2027."
He also termed as false the claim of the rebel group that the tenure has already ended. He termed the rebel group as “completely dishonest” and alleged that they had illegally captured the party office with the help of the state Chief Minister (Shubhendu Adhikari) and the police.
This claim was made following the Election Commission's instructions issued on July 2, in which both Mamata Banerjee and Bengal Opposition Leader Ritabrata Banerjee were asked to submit documents by 5.30 pm on July 6 in support of their claims on their party's organizational structure, authorized signatories and election symbol.
Ritabrata Banerjee says, “We are the real TMC,” and accuses the Mamata Banerjee faction of promoting “personality-worship and politics of nepotism.” He claimed that he has the support of more than two-thirds of the party's 80 MLAs in Bengal, as well as the support of many former ministers, councilors and Zilla Parishad members. Arup Roy, head of the newly formed NWC of the rebel group, said that all the documents related to the claim of being the real group have been submitted “all the documents of the June 22 session”.
If the Election Commission is unable to give its decision by July 14, then both the groups can field their candidates on TMC tickets for these 3 Rajya Sabha seats. But in such a situation the returning officers may have to reject the papers of one or both the groups. In such a situation the matter can go to court.
For nomination, any candidate needs at least 10 MLAs or 10 percent of the members of the Electoral College. In such a situation, both the groups have the power to field candidates.
The same thing happened with Shiv Sena in the year 2022, before Trinamool Congress. Then the party was divided into two factions and then the Election Commission froze the election symbol of the undivided party. Alloted temporary identity to both the factions of Shiv Sena for the by-election held on 3 November 2022 on Andheri East Assembly seat of Mumbai. This seat had become vacant due to the death of the then MLA Ramesh Latke. Then after about four months, on 17 February 2023, the Commission handed over the name and election symbol of the party to the faction led by Eknath Shinde.
