Sharad Pawar, Ajit Pawar and Nationalist Congress Party facebook
The Supreme Court on Tuesday permitted the Ajit Pawar faction of the Nationalist Congress Party (NCP) to use the party’s clock symbol for the upcoming Parliamentary and Maharashtra State elections, albeit with certain conditions [Sharad Pawar vs Ajit Anantrao Pawar and anr].
Pertinently, the Court also directed Election Commission of India (ECI) to provisionally recognise Sharad Chandra Pawar faction of the NCP as a political party for purpose of contesting upcoming parliamentary and State elections with the symbol of a man blowing a we are not (trumpet).
A bench of Justices Surya Kant and KV Viswanathan said that the Ajit Pawar faction could use the clock symbol after issuing a public notice that the said allocation was subject to the apex court’s final say on the matter.
The Court further directed incorporation of such a disclaimer in every template advertisement and audio and video clips to be issued on behalf this faction of the NCP.
“Respondents directed to issue a public notice in newspapers with English, Hindi and Marathi editions, notifying that the allocation of clock symbol is sub-judice before this court and respondents have been permitted to use the same subject to final outcome of these proceedings. Such a declaration shall be incorporated in every template advertisement and audio and video clips to be issued on behalf of respondents’ political party,” the Court ordered.
The Court was hearing a plea by Sharad Pawar challenging a February 6 decision of the Election Commission of India (ECI) to grant the clock party symbol to his nephew Ajit Pawar and recognise his group of MLAs as the real NCP.
By way of background, the NCP split into two factions in July 2023, after a rebellion by the Ajit Pawar group.
The Ajit Pawar faction currently supports the ruling Eknath Shinde government in Maharashtra.
When the dispute as to who the real NCP was (Sharad Pawar faction or Ajit Pawar faction) reached the ECI, the poll body found that the total number of NCP MLAs in Maharashtra State assembly stood at 81. Out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.
The ECI proceeded to hold that the faction led by Ajit Pawar was the real NCP.
This was challenged before the Supreme Court by his uncle, Sharad Pawar.
During a previous hearing, the Court had stated that ideally, both factions should issue public notices to establish their new identities.
The bench had on March 14 directed the Ajit Pawar faction of NCP not to use Sharad Pawar’s picture and the clock symbol.
It had emphasised that since the faction has an independent identity, it must proceed with that only and not use Sharad Pawar’s symbol and identity.
During the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for Sharad Pawar, underlined that the clock had been associated with Sharad Pawar for over 25 years and its use by Ajit Pawar’s faction could confuse rural voters.
“I have one symbol, he can have anything else. It is not disputed that Sharad Pawar founded the party and symbol was with him. ECI can give them anything under the sun but not clock. Why should Lordships listen to their insistence?” he said.
He further argued that his new symbol, a man blowing a trumpet, was less than two months old and was not yet popular and stated that in Maharashtra, voters were saying, “Gharyarala math” (vote for clock).
Senior Advocate Mukul Rohatgiwho represented Ajit Pawar, stated that the ECI had already held that Ajit Pawar’s faction was the real NCP.
In this regard, Justice Viswanathan stated that recognition of the faction as real party after a split should not come in the way of a symbols order.
“Please answer that. If you cannot go by legislative test, go by organisational test. What is the solution? Because else, it makes a mockery of the voter as you can go on engineering defections,” he added.
“Not what the 10th schedule intended,” Justice Kant weighed in.
Ultimately, the Court passed an interim order allowing Ajit Pawar faction to use the clock symbol while directing the ECI to recognise NCP Sharad Chandra Pawar (NCP-SCP) as a party with their symbol being a man blowing a we are not (trumpet).
Senior Advocate Neeraj Kishan Kaul with Advocates Siddharth Dharmadhikari, Abhikalp Pratap Singh, Shrirang Varma, Devanshi Singh, Aditya Krishna, and Yamini Singh also appeared for Ajit Pawar along with Rohatgi.
