NCP Dispute : Declare That Clock Symbol Is Sub-Judice In Posters For Maharashtra Elections, Supreme Court Tells Ajit Pawar

The Supreme Court on Thursday (October 24) told Ajit Pawar that the Nationalist Congress Party (NCP) should use the 'clock' symbol for the upcoming Maharashtra Assembly Elections with a disclaimer that its use is a matter of contest in Court and is subject to the final outcome of the petition filed by Sharad Pawar.

To recap, 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 'clock' symbol is sub-judice. Today, 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.

Issuing notice on an application filed by Sharad Pawar alleging violation of the conditions by the Ajit Pawar group, the Court asked the latter to file a reply along with a reiteration of earlier undertaking to the effect that directions in the previous orders "shall be meticulously complied with, even during the process of state assembly elections."

The bench orally warned that it would initiate suo motu contempt if its orders were violated. The matter will be next heard on November 6.

A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan was dealing with the 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 prays that the Court direct Ajit Pawar to apply for a new symbol to contest the Vidhan Sabha elections.

During the hearing, Senior Advocate Dr AM Singhvi (for Sharad Pawar) submitted, "Nobody should enjoy the goodwill of a symbol which is sub judice". He contended that the NCP(Ajit Pawar) is not displaying the requisite disclaimer in their campaign materials. Since they have not complied with the conditions imposed by the Court, they should be restrained from using the clock symbol, Singhvi argued.

Senior Advocate Balbir Singh, for Ajit Pawar, refuted Singhvi's arguments and claimed that all pamphlets and campaign materials had the disclaimers as mandated by the Supreme Court. He offered to produce all materials before the Court and sought time to do the same.

Notably, Singhvi produced certain screenshots of posters, which he said were posted from the official 'X' handles and Facebook pages of NCP and Ajit Pawar, and said that they were not compliant with the Supreme Court's order. He also referred to a picture of the NCP party office (in Mumbai), taken by his associate Advocate Pranjal Aggarwal, showcasing a banner without a disclaimer.

Singh objected to Singhvi handing over the documents to the Bench across the Bar without giving him an adequate opportunity to respond. Justice Datta, on his part, asked if the materials (collected by Singhvi's associate) could be regarded as "legal evidence" for the Court to act.

Justice Kant, at this juncture, told Singh, "Once we have issued a direction, it has to be complied with. You file a response and a fresh undertaking that in past also you have not violated...and in future, you won't violate...We expect both sides to comply with our directions. Don't create embarrassing situation for yourselves. If we find there is deliberate attempt to violate our order, we can initiate suo motu contempt."

Singh then submitted that the Court should direct Sharad Pawar as well to file an undertaking that his faction is complying with the conditions imposed on it. Singhvi expressed readiness to do so. However, the bench pointed out to Singh that his side has not filed any application alleging non-compliance by the other side.

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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