Bengal politics took a dramatic turn on Sunday, 22 June. A rebel faction within the Trinamool Congress declared itself the “real TMC”. The group announced the removal of Mamata Banerjee as party chairperson. They also voted to suspend National General Secretary Abhishek Banerjee. The official TMC leadership swiftly dismissed the move as an illegal “comedy show”.
At this moment, the main question is: Does any of it carry legal weight?
Soon after the decision was made public, TMC spokesperson Kunal Ghosh tweeted, “It is a comedy show. A man who has been expelled from the TMC is holding a special session. The matter is in the court and we believe justice will be done. We do not give any importance to such comical behavior. TMC = Mamata Banerjee. All else is a circus (sic).”
Mamata Banerjee has also submitted the list of All India Trinamool Congress office-bearers. The former chief minister is still the chairperson, according to the list.
Other names in the National Working Committee include: Subrata Bakshi (Vice President), Abhishek Banerjee (National General Secretary, LS Leader), Derek O’Brien (Joint Secretary, RS Leader), Dola Sen (Joint Secretary) and Subhasish Chakraborty (Treasurer).
What Rebels Did
The dissident faction is led by Uluberia Purba MLA Ritabrata Banerjee. He was recently expelled by the official TMC for alleged anti-party activities. Despite his expulsion, Ritabrata convened a meeting at a hotel in New Town, Kolkata.
Around 60 MLAs and 70 Kolkata Municipal Corporation councillors reportedly attended. The group declared itself the legitimate Trinamool Congress. They appointed senior MLA Arup Roy as the new party chairperson.
A 30-member national working committee was also designated. Mamata Banerjee was instead offered a “chief adviser” role.
The rebel faction has offered a specific justification for its actions. They cite Article 20 of the TMC constitution. That provision mandates a new National Working Committee every three years.
The last official NWC was registered in February 2022. The rebels argue it expired without formal renewal by February 2026. On this basis, they claim the official leadership lost its constitutional legitimacy.
They then used this alleged expiry to justify holding their own special session. That session elected a new NWC, which then ordered the suspensions.
Does This Have Legal Force?
This is where the rebels face significant obstacles. An expelled member cannot ordinarily suspend or remove party leadership under standard party rules. The rebel faction bypasses this by declaring the entire original leadership structure expired and invalid. However, legal experts point to a crucial Supreme Court precedent.
In the 2023 Shiv Sena split case, the Supreme Court ruled clearly. It established that disciplinary powers belong to the original political party organisation. They do not belong to the legislative party, meaning the elected MLAs.
Commanding a majority of legislators does not automatically grant the right to restructure a party. The rebels’ numerical strength alone does not make their actions legally binding.
Election Commission
The ultimate decision in this dispute lies with the Election Commission of India. A parallel committee cannot self-certify its own legitimacy. For the rebel suspensions to carry legal force, the faction must submit its new committee records to the ECI.
The ECI will then evaluate the claim under the Symbols (Reservation and Allotment) Order, 1968. It will examine both numerical strength and adherence to the party constitution.
Until the ECI formally recognises the rebel camp, Mamata and Abhishek Banerjee remain the legal heads of the recognised party. The rebels are expected to approach the ECI, staking a claim to the party’s name, logo and symbol.
The rebel MLAs also face a serious threat under the Anti-Defection Law. The Tenth Schedule of the Constitution governs defection from political parties.
If courts find that rebel MLAs violated the party whip before securing ECI recognition, consequences could be severe. They risk losing their Assembly seats entirely. The official TMC has already indicated it is pursuing disqualification proceedings.
What Mamata’s TMC Says
The Mamata Banerjee-led TMC has not recognised any of the rebel decisions. The leadership dismissed the New Town meeting as illegal and politically motivated. Show-cause notices have been issued to several prominent leaders linked to the breakaway camp.
The rebel faction’s moves are politically significant but legally unenforceable for now. Mamata Banerjee and Abhishek Banerjee remain the recognised leaders of the Trinamool Congress. The real battle will be fought at the Election Commission and, very likely, in the courts.
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