NCP Dispute In Supreme Court : Ajit Pawar Agrees To Publish Within 36 Hours Disclaimers In Newspapers Regarding Clock Symbol

Nationalist Congress Party(NCP) chief Ajit Pawar assured the Supreme Court on Wednesday, November 6, that within 36 hours, he will publish a disclaimer in prominent sections of newspapers, including Marathi dailies, stating that the use of the clock symbol by the NCP remains a sub-judice matter.

Senior Advocate Balbir Singh made this undertaking on behalf of Ajit Pawar in response to an oral direction given by the Supreme Court.

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was dealing with an application filed by the Sharad Pawar group seeking to restrain the Ajit Pawar group from using the 'clock' symbol in the upcoming Maharashtra Assembly Elections. Through this application, Sharad Pawar sought to direct Ajit Pawar to apply for a new symbol to contest the Vidhan Sabha elections.

It may be recalled that on March 19 and April 4, ahead of the Lok Sabha elections, the Court had directed NCP to include a disclaimer in all the campaign materials that the use of the 'clock' symbol is subject to the result of the litigation.

On the last date (October 24), the Court directed Ajit Pawar to file an undertaking to the effect that the previous orders will be followed for the State Assembly elections as well.  Further, the bench orally warned that it would initiate suo motu contempt if its orders were violated.

In today's hearing, Senior Advocate Balbir Singh claimed that the NCP was complying with all conditions imposed by the Supreme Court for the use of 'clock' symbol. He added that the party has contacted newspapers to publish a fresh undertaking.

"Why are you taking time for publishing disclaimer in newspapers?" asked Justice Kant. "We are not giving you days, we are asking in how many hours you can do this?"Justice Kant further asked. Singh said that within two-three days it can be done.

"Within 24 hrs, max. 36 hrs, you publish disclaimer in newspapers and make sure whatever you are relying upon, is there," Justice Kant told Singh.

Advocate Pranjal Agarwal, appearing for Sharad Pawar, submitted that Ajit Pawar side was destroying evidence by deleting the videos which were uploaded on social media without the disclaimers. "In counter, they lie that at the end of every video, there was a disclaimer. There is fabrication. They have done pasting job over the poster we presented..," he submitted. The photographs taken on November 1 from the Baramati constituency show that the posters of Ajit Pawar side have no disclaimers, he added.

When the bench asked what could be a solution, Agarwal suggested that Ajit Pawar apply for a new symbol instead of the clock symbol.

Senior Advocate Dr Abhishek Manu Singhvi, who joined the hearing midway, submitted on behalf of Sharad Pawar that his side is being forced to come to the Court again and again due to the repeated violations of Ajit Pawar.

"We are saying that your Lordships' arrangement has failed. They keep saying Sharad Pawar is our God. They know the benefit of using Sharad Pawar's name and clock symbol. There is repeated violation," Singhvi said.

"Clock symbol has been used by Sharad Pawar for last 36 years. It is closely associated with him," Singhvi said. The bench then pointed out that in the Lok Sabha elections, Sharad Pawar's party had won. "Winning the elections is not the answer. We won despite this," Singhvi replied.

Justice Datta asked how the Court can stop Ajit Pawar from using the clock symbol at the present stage when the elections are imminent. Singh submitted that allowing Singhvi's prayer would amount to granting the final relief at the interim stage itself.

Background

Following a rift between the Sharad Pawar and the Ajit Pawar factions of the NCP, the Election Commission of India recognized the latter as the official NCP based on its legislative majority and allotted the 'clock' symbol (the original symbol of the united NCP) to it. The Sharad Pawar group appealed to the Supreme Court challenging the ECI decision.

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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