The Calcutta High Court has extended its interim arrangement allowing the Mamata Banerjee-led faction of the All India Trinamool Congress to operate three frozen bank accounts, while observing that the Election Commission’s recent decision on the party’s name and symbol is only an interim measure.
Justice Saugata Bhattacharya was hearing a petition concerning the accounts, which had been frozen by the West Bengal Police. The court has now directed that the existing arrangement will remain in force until January 29, 2027, or until further orders, according to Live Law.
Court stresses ECI order is not final
The State argued that the Mamata-led faction could no longer claim the right to operate the accounts because the Election Commission had, for the upcoming by-elections, barred both rival factions from using the original ‘All India Trinamool Congress’ name and the ‘Flowers & Grass’ symbol.
The State's argument was based on the fact that the bank accounts are held in the name of the All India Trinamool Congress.
Appearing for the Mamata-led faction, senior advocate Shoeb Alam submitted that the larger dispute over recognition of the rival groups was still pending before the Election Commission. He also pointed out that an earlier High Court order concerning the accounts had been challenged before the Supreme Court.
The High Court noted that its earlier order had allowed the accounts to be used for limited purposes with the approval of a court-appointed Special Officer. It had not, however, determined which faction constituted the “real TMC”.
‘Interim direction pending determination’
While examining the Election Commission’s latest order, the High Court emphasised that the poll panel itself had described its decision as temporary and intended specifically to deal with the upcoming by-elections.
The court observed: “Notwithstanding ECI directions touching upon use of name and symbol, that is for the purpose of ensuing by elections only and the same is an interim direction pending determination by ECI.”
The court further noted that the question of which faction should be recognised as the Trinamool Congress remains pending before the Election Commission. Therefore, the interim arrangement regarding the party's name and symbol could not, by itself, be treated as a final determination of the underlying dispute.
The High Court consequently extended the existing arrangement governing the three bank accounts. The accounts can continue to be operated subject to the conditions imposed by the court and the oversight mechanism involving the Special Officer.
The order comes amid a wider dispute between rival factions over control of the Trinamool Congress. The Election Commission had earlier barred both groups from using the original party name and its reserved symbol while it conducts proceedings to determine the competing claims.
For the October 6 by-elections, the Commission has meanwhile assigned separate names and symbols to the two factions. The Mamata-led group has been allotted ‘Mamata All India Trinamool Congress’ with the Football Player symbol, while the rival group has been allotted ‘Democratic Trinamool Congress’ and the Envelope symbol.
