Supreme Court Asks Ajit Pawar Group To Not Use Sharad Pawar's Name & Photo In Posters; Suggests 'Clock' Symbol Be Not Used

A bench of Justices Surya Kant and KV Viswanathan was hearing a plea filed by Sharad Pawar challenging the Election Commission of India's (ECI) decision to recognise Ajit Pawar's faction as the official Nationalist Congress Party (NCP) and allotting the 'clock' symbol to them.

Senior Advocate Abhishek Manu Singhvi, appearing for the Sharad Pawar group, submitted that the official faction was using the 'clock' symbol, which is historically associated with Sharad Pawar, and the names and pictures of the senior Pawar in campaign materials. Singhvi read out a statement, purportedly made by Chhagan Bhujbal, that the 'clock' symbol and pictures of Sharad Pawar should be used in posters to lure rural voters.

"Why are you using his photographs? If you are so confident, then use your photographs?," Justice Kant asked Senior Advocate Maninder Singh, who was appearing for the Ajit Pawar group. Singh said that the party was not doing it and some stray members might have done it. When Singh said that it may not be possible to control all social media posters by the workers, the bench categorically said that it is for the party to discipline its members.

"Then who is responsible? You give an undertaking that you will stop all members [of your faction] from using his photo. Now that you are two separate entities, go only with your own identity. You have chosen to separate. Now stick to this. It is for you to control your workers," Justice Kant asked.

"We want a very categorical and unconditional undertaking from you that you will not use his name, photos, etc. There can be no overlap," Justice Kant told Singh.

Singh agreed to file an undertaking to this effect.

Singhvi also objected to the ECI allowing the 'clock' symbol to the Ajit Pawar group, saying that a new symbol should have been allotted to them after the split in the party. "I have a new symbol. Let them use any symbol other than the clock. The clock is inextricably linked with Sharad Pawar's identity," Singhvi submitted.

Taking note of the concerns raised by Singhvi, the bench suggested that Ajit Pawar faction use a different symbol.  Pointing out that the Election Commission's order is under challenge before the Court, Justice Kant said,  "Tomorrow suppose we set aside this order? And let's say we do this in the middle of the election. What will happen?".

"Therefore, today, it's a suggestion from our side...Why doesn't the [Ajit Pawar faction] also choose another symbol so that you can conduct your business peacefully and without stress? You can continue to use that symbol during elections. We are only saying please explore this idea. Suppose you have a symbol of your choice. He has already gotten a symbol. We are only saying please explore this idea..." Justice Kant said.

Singh agreed to file an affidavit by Saturday. The Court will hear the matter next on Tuesday, March 19.

Last month, while issuing notice on the petition, the court also granted the Sharad Pawar faction temporary relief by allowing it to use the name of 'Nationalist Congress Party – Sharad Chandra Pawar'. Previously, the ECI had allowed them to use this name till the Rajya Sabha elections, which ended on February 27.

Background

The petition, filed by Sharad Pawar, contests the ECI's February 6 decision, granting the official 'clock' symbol of the NCP to Ajit Pawar's group. The ECI's decision was based on the criterion of 'legislative majority', with the Ajit Pawar faction possessing 51 out of 81 legislators. While other assessments such as the 'aim and objectives' and the 'organisational majority' tests did not yield definitive outcomes, the commission relied on the legislative majority test to determine the faction's legitimacy.

Recently, Maharashtra Assembly Speaker Rahul Narwekar declined to disqualify MLAs from either Sharad Pawar's or Ajit Pawar's factions, citing the ECI's order recognising Ajit Pawar as the NCP leader. This decision came amid the ongoing rift within the party, which emerged last July when Ajit Pawar and Praful Patel aligned with the Bharatiya Janata Party-Shiv Sena alliance, resulting in Ajit Pawar's appointment as Deputy Chief Minister of Maharashtra.

The Ajit Pawar faction subsequently sought the official NCP symbol, while the Sharad Pawar faction petitioned for the disqualification of Ajit Pawar and his supporters under the tenth schedule of the Constitution, alleging defection. Initially, the Supreme Court set a January 31 deadline for the Speaker to decide on the disqualification petitions, which was later extended to February 15.

In response to the developments, the Ajit Pawar-led NCP faction filed a caveat petition in the Supreme Court, ensuring their opportunity to present their case before any decisions regarding the Election Commission's declaration.

Case Details

Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024