KOLKATA: Expressing displeasure with the Election Commission of India (ECI), the Calcutta High Court on Monday questioned its decision to reassign the ‘envelope’ election symbol used by the Indian Secular Front (ISF) to the Democratic Trinamool Congress (DTC) headed by Ritabrata Banerjee, Leader of Opposition in the West Bengal Legislative Assembly. Justice Krishna Rao also raised the possibility of “connivance” between the poll panel and the newly formed party.
The court was hearing an ISF petition challenging the reassignment of the symbol ahead of the October 6 by-elections in Nandigram and Rejinagar assembly constituencies in Purba Medinipur and Murshidabad districts. The ISF, led by its sole MLA Naushad Siddiqui, has instead been allotted the ‘almirah’ symbol. Justice Rao reserved the judgment.
Justice Rao questioned why the ECI did not consider the ISF’s application for the ‘envelope’ symbol, which was before it on September 17.
“It’s appearing on the conscience also of this court what is the connivance,” the judge said during the hearing, raising questions saying, “How did you (ECI) reassign the symbol to another party?”.
“It’s not also justified that the ISF must have absolute right to get its ‘envelope’ symbol but their demand is normal,” Justice Rao observed.
The ECI’s lawyer Jishnu Chowdhury argued that allotment of free symbols was within the commission’s discretion and that the poll panel had acted according to law in giving the ‘envelope’ symbol to the DTC and the ‘almirah’ symbol to the ISF.
The ISF’s counsel, senior advocate Bikash Ranjan Bhattacharya, countered that the Commission’s discretion could not be absolute and had to be exercised reasonably and rationally.
Bhattacharya said the Nandigram by-election was a continuation of the 2026 Assembly election and questioned how the symbol used by the ISF in the general election could be reassigned during the by-election.
He also sought deferment of the by-election in the interest of justice, arguing that doing so would not affect the constitution of the Assembly or create a constitutional crisis.
The Election Commission opposed the request, saying the ISF was already campaigning in Nandigram with the newly allotted ‘almirah’ symbol and that the petition was aimed at stalling the election.
The court also questioned the extent to which it could intervene after the election process had begun, with nomination, scrutiny and withdrawal of candidature for the October 6 by-elections already completed.
The poll panel said the ISF’s allotment of the ‘envelope’ symbol ended with the conclusion of the Bengal Assembly elections and declaration of results on May 4. It argued that filing a nomination did not confer a right to a particular symbol.
The Commission further said the ‘envelope’ symbol became available after it froze the traditional ‘flowers and grass’ symbol of the Trinamool Congress amid an internal party dispute. The DTC was subsequently allotted the ‘envelope’ symbol, while the Mamata Banerjee-led faction was given the name Mamata All India Trinamool Congress and the ‘football player’ symbol.
It said nominations for the two by-elections had ended on September 16. He said both factions of the Trinamool Congress would have faced rejection of their nominations if the poll panel had not exercised its powers to allot free symbols on September 18.
The court had on Thursday questioned the ECI over its decision to reassign the ‘envelope’ symbol ahead of the bypolls.
Referring to the 183 free election symbols at the disposal of the Commission, Justice Rao had asked why the poll body reassigned the ‘envelope’ symbol to a party contesting the Nandigram by-election, where the ISF has also fielded its candidate.
Justice Rao had verbally observed that the symbol should have been kept reserved.
"The authority should act fairly," Justice Rao had observed during the hearing on Thursday.
Justice Rao had also asked why the ECI was creating a dispute by allotting the ‘envelope’ symbol to the new party.
"Your authority is pinching the persons and creating legal proceedings; is this the way of the authority to work?" the court had told the national poll body counsel during the hearing of the petition challenging the reassignment of the ‘envelope’ symbol.
The Nandigram Assembly seat fell vacant following the resignation of Chief Minister Suvendu Adhikari. Suvendu, who contested simultaneously from Nandigram and Bhabanipore in south Kolkata, won both constituencies in the Assembly polls held in April.
The ISF, which is contesting the bypolls in Nandigram and Rejinagar, has argued that giving its previously used symbol to another political outfit in an election it is also contesting could confuse voters.
The dispute over the ‘envelope’ symbol emerged after the poll body froze the 'All India Trinamool Congress' name and its traditional flowers and grass symbol amid competing claims by the Mamata Banerjee and Ritabrata Banerjee factions.
As an interim arrangement for the October 6 bypolls, the Commission allotted the Ritabrata-led faction the name 'Democratic Trinamool Congress' and the ‘envelope’ symbol. The Mamata Banerjee-led camp was given 'Mamata All India Trinamool Congress' and the football player symbol.
