Can Trinamool rebels oust Mamata? What the party constitution says

The dissident camp on Tuesday approached the Election Commission (EC) with the formal claim of being the 'real TMC.' The move has paved the road for a long-drawn legal battle between the dissident camp, and Mamata Banerjee and her loyalists.

In Short

• Rebel faction seeks to consolidate 'real TMC' claim
• It has formed its own 'National Working Committee'
• TMC constitution requires the panel to have 20 members

Two different "national working committees" of the Trinamool Congress (TMC) have been formed over the past three days. While one of them mentioned former West Bengal Chief Minister Mamata Banerjee as the Chairperson, the other one, formed by the rebel faction, chose to "oust" her from the top party post.

The dissident camp on Tuesday approached the Election Commission (EC) with the formal claim of being the "real TMC." The move has paved the road for a long-drawn legal battle. Mamata, her nephew, Abhishek Banerjee, and their loyalists will have to fight the existential threat on multiple fronts.

Their mission will be to save the party, its symbol and funds. But what does the TMC's constitution say about the formation of a National Working Committee (NWC) and the election of the Chairperson?

WHAT HAPPENED ON JUNE 22

As per sources, on June 22, the TMC informed the EC about the reconstitution of its National Working Committee. It had 24 members, including Mamata, Abhishek, Derek O'Brien, Dola Sen, Mahua Moitro and Kunal Ghosh. Notably, even the criteria for women representation, as mandated by the party constitution, were almost achieved in the list.

The document was signed by Mamata on June 22, with the names of the NWC members reflecting the composition as of June 20. The EC was informed about the reconstituted panel.

The dissident camp, led by Ritabrata Banerjee, met in a hotel on June 22, and decided to reconstitute the National Working Committee of the TMC. While the list of their "new NWC" is not in public domain, it is claimed to have 30 members. Moreover, they chose Arup Roy as the Chairperson of the party. Roy wants Mamata to play the role of an "adviser."

Notably, the TMC constitution, which the EC has on record, and the latest version signed by former minister Chandrima Bhattacharyya in March this year mentions the rules for formation of the NCW, election of the Chairperson and the powers of both.

While the rebel MLAs claimed to have reconstituted one of the most powerful units of the TMC — which also happens to control the Trusts under which the party’s assets and funds are held — the party's constitution might find them at fault.

As per the document, the NWC should have 20 members.

"The National Working Committee shall consist of the Chairman/Chairperson of the All India Trinamool Congress, and 19 (Nineteen) other members, of whom 9 (Nine) members will be elected by the AlTC (All India Trinamool Congress) Committee, as per rules prescribed by the National Working Committee, and the rest shall be appointed by the Chairman /Chairperson," Article 12.A of the TMC's constitution states.

The Chairperson has the right to nominate over 50 per cent members to the NWC. Hence, the process clearly necessitates the TMC National Committee to elect 9 members.

"Was any such voting done?" Mamata loyalists have asked.

Moreover, the leader of the Parliamentary party and all leaders of the Legislative parties in the respective States "shall be ex-officio members of the National Working Committee with full voting rights."

The TMC Chairperson has the powers to appoint a Treasurer and General Secretaries from among NWC members.

The supremo has the powers to merge, constitute, reconstitute or disband many of the TMC committees and frontals. The party constitution gives overwhelming powers to the office of the Chairperson.

WHO ELECTS TMC CHAIRPERSON?

The Chairperson of the TMC is elected once every five years by the electoral college or the delegates. Mamata was elected to the post thrice consecutively, in 2012, 2017 and 2022. The next election is due in 2027.

However, the Ritabrata-led faction decided to replace the Chairperson after reconstituting the NWC. The validity of both decisions comes under direct question.

A source close to the Mamata faction said, "Every five years, the Chairperson of TMC is elected. Even if there is a 'no-confidence' to be brought, the Chairperson will have to be informed. You have to call the delegates. None of this has happened in this case. What Ritabrata did is invalid and unconstitutional. It won't stand in court."

The person, who is a senior TMC member and also happens to be a delegate, told India Today, "This meeting is completely invalid. Moreover, leaders like Ritabrata are not even delegates, let alone they would have powers to make such changes."

Another senior party leader and close aide of Mamata's said, "You can’t walk into the office of any company and claim that it belongs to you. There is a process in place."

One of the MPs still loyal to Mamata also stated, "What Abhishek Banerjee and Kalyan Banerjee said while mentioning 2/3rd majority, didn't mean two-thirds of MLAs or MPs, it meant two-thirds of the party, i.e. the delegates. Nearly about 1,000 such delegates had re-elected Mamata Banerjee as the Chairperson in 2022. Most of the leaders in the rebel faction are not even delegates."

"The elected members from different States for the AITC will collectively form an electoral college. That electoral college will elect Chairman/Chairperson of the party," the AITC constitution reads while speaking about the Chairperson election process. If the matter goes to election stage, voting will be done by secret ballot.

WHAT HAPPENS IN CASE OF NO-CONFIDENCE MOTION AGAINST CONVENOR?

"I have seen the voting process of last three times. If the no-confidence is brought, the Chairperson will have to be informed, and the delegates need to be called. How do you begin the process without informing these stakeholders," a senior lawmaker loyal to Mamata said.

Meanwhile, the dissident camp is claiming to be the "real TMC." However, the TMC's constitution could prove to be the biggest hurdle in their pathway unless they have the delegates on their side too.

- Ends