NCP Dispute : Sharad Pawar Faction Seeks Urgent Hearing In Supreme Court Ahead Of Maharashtra Assembly Elections

Pursuant to a mentioning, the Supreme Court today posted for hearing the Nationalist Congress Party (NCP) dispute over use of election symbols on October 1. 

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was set to hear the matter today. However, as the same could not be taken up, Advocate Pranjal Agarwal, for the Sharad Pawar faction, mentioned that urgent relief is being sought in view of upcoming Maharashtra Vidhan Sabha elections and Court vacations. He requested that the matter be listed tomorrow.

The counsel claimed that there is evidence of "active confusion" between the two factions and apprised that even yesterday, respondent-Ajit Pawar (Deputy CM of Maharashtra) was quoted saying that petitioner-Sharad Pawar is "his God" and they are "all together".

Counsel for the Ajit Pawar faction, however, asserted that the application had been served last night and sought 4 days' time to respond.

Taking into account the submissions, Justice Kant orally observed that on previous occasion, both parties were happy with the order passed.

In response, Agarwal alleged that the other side is not complying with the Court's previous order and that there is active confusion being perpetuated; as such, the petitioner seeks that the respondent be directed to apply for a fresh symbol for the Vidhan Sabha elections.

Ultimately, the bench listed the matter on October 1.

To recapitulate, the petition was filed by the Sharad Pawar group challenging the February 6 decision of the Election Commission to officially recognize Ajit Pawar group as the real NCP and allot the party symbol 'clock' to them.

On March 19, the Court permitted the Ajit Pawar faction to use the 'clock' symbol, with certain conditions. This included its making a public declaration that the use of the 'clock' symbol by it for the Lok Sabha and the Maharashtra Assembly Elections is sub-judice, and subject to the outcome of the challenge made by the Sharad Pawar group to the decision of the ECI.

While hearing the SLP, the bench also asked the Ajit Pawar faction to not use the name and images of Sharad Pawar in its campaign materials.

Following this, on April 3, the Sharad Pawar faction made an urgent mentioning, alleging that the Ajit Pawar faction did not comply with the March 19 direction (to publish ads with a disclaimer that a legal dispute with Sharad Pawar's faction over the allocation of the party symbol 'clock' is sub judice).

In view of this, the Supreme Court asked the Ajit Pawar faction to show how many advertisements were published after March 19. The Court also orally said that nobody has a right to misconstrue its order deliberately, and a serious view would be taken if its order was defied.

On April 4, it was directed that the Sharad Pawar faction shall only use the name "NCP (Sharad Pawar)" and the symbol "man blowing turha (trumpet)". "In other words, the applicant-petitioner(Sharad Pawar) or supporters shall not use the symbol clock," the Court stated.

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

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