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Quasi-Judicial Powers of the Election Commission: Resolving Party Symbol Disputes under Paragraph 15

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A rebel faction's claim over the Trinamool Congress (TMC) name and symbol has brought the Election Commission of India's quasi-judicial powers under the spotlight. The dispute, triggered under Paragraph 15 of the Symbols Order, 1968, highlights the legal and constitutional mechanisms governing internal party splits in India.

The recent move by a rebel faction of the Trinamool Congress (TMC), led by Ritabrata Banerjee, to approach the Election Commission of India (ECI) over the party's name and symbol highlights the critical quasi-judicial role of the poll panel. The dispute arose after 58 MLAs nominated Banerjee as their leader, challenging the official party leadership. This faction has now staked its claim under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968. Under Paragraph 15 of the 1968 Order, the ECI is the sole authority to decide issues of disputes or mergers among splinter groups of a recognized political party. When rival factions claim to be the "real" party, the ECI assesses the organizational and legislative strength of each group. It examines support within the party's governing bodies (the organizational wing) as well as among its elected Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) (the legislative wing).

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