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NCP Rift : Supreme Court Asks Ajit Pawar Group If Their Election Posters Have Added Disclaimer Regarding 'Clock' Symbol
Gyanvi Khanna
3 April 2024 11:55 AM IST
In the dispute relating to the rift in the Nationalist Congress Party (NCP), the Sharad Pawar group has approached the Supreme Court alleging that the Ajit Pawar group (which is now officially recognized as the NCP by the Election Commission of India) has not complied with the Court direction to publish disclaimers in all their advertisements that the use of 'clock' symbol by them is a...
In the dispute relating to the rift in the Nationalist Congress Party (NCP), the Sharad Pawar group has approached the Supreme Court alleging that the Ajit Pawar group (which is now officially recognized as the NCP by the Election Commission of India) has not complied with the Court direction to publish disclaimers in all their advertisements that the use of 'clock' symbol by them is a sub-judice matter.
Following an urgent mentioning by the Sharad Pawar group, the Supreme Court asked the Ajit Pawar group to show how many advertisements were published after the Court order of March 19. The bench comprising Justices Surya Kant and KV Viswanahan cautioned the Ajit Pawar group that a serious view will be taken if the Court's order was defied. The bench pointed out that the order was "in a simple language" and hence there was no room for any double interpretation.
It may be recalled that the interim direction of March 19 was passed by the Bench of Justices Surya Kant and KV Viswanathan while hearing a Special Leave Petition filed by the Sharad Pawar group challenging the Election Commission's decision to officially recognize Ajit Pawar group as the real NCP and allot the party symbol 'clock' to them.
Today, during the mentioning, Senior Advocate Abhishek Manu Singhvi, appearing for the Sharad Pawar group, submitted that even though on March 19, a detailed order was passed, there is non-compliance on the part of Ajit Pawar, who was represented by Senior Advocate Mukul Rohatgi. Singhvi also informed the bench that an application had been moved to that effect.
Moving further, he submitted that an application for relaxing this order had been moved by the other side. Singhvi fervently protested against it and asserted that this is means that the other side is asking for a review of the Court's order.
“now, only they have not done it, they have filed an application saying relax it, which is an admission that they are not complying. Elections are on, your lordships will not entertain such review. This is nothing but a blatant review. It is a reasoned order. This cannot be changed, we are in the middle of hot period of elections.”
Post this, Rohatgi took the Bench through certain advertisements having the required disclaimers and submitted: “I am saying that in the future modify the last line…how is this man saying that the SC has decided the matter.”
However, Singhvi said: “In no newspaper this disclaimer is given!....obviously you are asking for relaxation…your lordship's order is made a mockery of..”
Ultimately, Justice Kant made it clear that the Court is confident with the order passed and that has to be complied with. The Bench also added that nobody has a right to deliberately misconstrue the Court's order and listed the application for tomorrow.
“Mr. Rohatgi, meanwhile you have your instructions on how many advertisements were issued after this order. We might be required to take a view if he is behaving like this...nobody has a right to deliberately misconstrue our order. The order is not very complicated; it is in simple language. There is only one meaning and no question of double interpretation," Justice Kant said.
In the March 19 order, the Supreme Court directed the NCP to "issue a public notice in the newspapers with Marathi, Hindi and English editions, notifying that the allocation of the “clock” symbol is sub-judice before this Court and the respondents have been permitted to use the same subject to the final outcome of these proceedings. Such a declaration shall be incorporated in every pamphlet, advertisement, audio, or video clips to be issued on behalf of the respondents(NCP)."
Case Details : Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
