4 min readKolkataUpdated: Sep 29, 2026 06:13 AM IST
The Calcutta High Court has once again expressed its displeasure with the Election Commission and questioned why the ‘envelope’ poll symbol, earlier allotted to the Indian Secular Front, was given to the Trinamool Congress’s rebel camp, now known as the Democratic Trinamool Congress.
Pulling up the poll panel during the hearing on Monday, the court observed, “If the Election Commission has been guided by the private respondent, what remains further? The authority should be fair before the court.” After hearing all sides, Justice Krishna Rao reserved the order.
The Indian Secular Front approached the High Court after the Election Commission reassigned the ‘envelope’ symbol – used by the party in the 2024 Lok Sabha election and the Assembly polls earlier this year – to the Trinamool rebel faction for the October 6 bypolls in two seats, Nandigram and Rejinagar. The ISF, which is contesting the Nandigram election, was then allotted the ‘almirah’ symbol.
The rebel faction got the ‘envelope’ symbol after the Election Commission froze the Trinamool Congress’s name and symbol amid the factional feud in the party after its defeat in the Bengal election.
“Why has this symbol been given to another political party and denied to this party? That is the only question; if you had not allotted, there was no cause of action, but you have allotted. They have made out a case that this symbol being given to another party will benefit that party,” the court said.
Senior counsel Jishnu Chowdhury, appearing for the Election Commission, argued, “It is a free symbol. Does anybody have a name on it? No, the objection comes on the same day. It is unjustified as it is a free symbol. There is no legal right of anybody to it.”
Justice Rao observed, “I am saying that the general elections are over, but the candidate contested the general elections with this symbol. Again, he is intending to contest the bye-elections and that symbol is being given to a party which was not there earlier.”
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“The case of the petitioner was not kept in mind… If two requests are there for one symbol, then what is the duty of the Election Commission? … Tell me, in this report, which provision did your authority consider and allot this symbol? Show me,” the judge said.
The court pointed out that both the Trinamool faction and the Indian Secular Front asked for the ‘envelope’ symbol. “…why you have not taken into consideration that another candidate has also applied for the same symbol? That is my query.”
Senior Advocate Bikash Ranjan Bhattacharya, appearing for the ISF, submitted, “Discretion must be applied reasonably. Discretion cannot be like an autocrat.”
The court said, “The ECI has not given the answer that if the petitioner also applies for the same symbol which you have applied for, then what is the duty of the returning officer and the reason for not giving it to the petitioner? Where is the reason for not considering his case, he may not have the right but having the right to claim and you have the right to reject, but the rejection should be with reason.”
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The court also noted, “Now that the symbol has been allotted and things have been going on, how can this (court) interfere in the matter at this stage?”
The ISF counsel submitted that the allotment of the symbol was absolutely illegal and that the court had the power to ensure proper conduct of polls. The bypolls should be deferred as the result would not create a constitutional crisis or alter the constitution of the Assembly, he said.
