The Supreme Court on Tuesday issued a slew of directions in the petition moved by Sharad Pawar against the Election Commission order granting the clock symbol and party name National Congress Party (NCP) to the NCP faction led by Maharashtra Deputy CM Ajit Pawar.
The top court also directed the NCP faction led by Ajit Pawar to give the undertaking in context of other states and not just Maharashtra, that they will not use Sharad Pawar's name in posters. Earlier, on Thursday the bench of Justices Surya Kant and K.V. Viswanathan heard the case and asked the Ajit Pawar faction to give an unconditional undertaking that it will stop its members from using Sharad Pawar's photo. The bench told Ajit Pawar faction that now that you are two separate entities, go only with your own identity.
Today, Senior Advocate Abhishek Manu Singhvi appearing for the the Sharad Pawar faction told the court that the Ajit Pawar faction has given undertaking only for "Maharashtra Pradesh." It was then, that thetop court directed the Ajit Pawar faction to give an undertaking for all other states.
The court also asked Ajit Pawar faction of NCP to issue public notice in newspapers in Hindi, Marathi and English, notifying that the allocation of clock symbol is subjudice before this court and they have only been permitted to use the symbol subject to this court's final order.
The court further asked the Election Commission of Maharashtra to recognise the symbol of 'man blowing a trumpet' and party name NCP-Sharad Chandra Pawar for the purpose of Assembly and Lok Sabha elections.
"In addition to Para 5 of our interim order of January 19, granting the petitioner the NCP - Sharad Chandra Pawar for the purposes of symbol order shall apply ....and recognise the man blowing trumpet symbol for the purpose of Parliament and Assembly election. This Symbol shall not be allotted to any other party. The Election Commission of Maharashtra shall comply with the directions forthwith." the court passed an order.
The court also directed that the counter affidavit be filed within 4 weeks, and a rejoinder, if any in 2 weeks.
Earlier on Thursday, the Supreme Court asked the NCP faction led by Ajit Pawar to not use Sharad Pawar's Photograph and name. It further said that the Election Commission's order is not final, it is challenged before the top court. The bench asked Ajit Pawar to consider taking another symbol to avoid any confusion.
Appearing for Sharad Pawar, Senior Advocate Abhishek Manu Singvi told the top court that the Ajit Pawar's NCP is misleading people by using the clock symbol and Sharad Pawar's face.
"I have a minimalistic request. How can you use the clock and also Sharad Pawar's photograph? That's deception. Your own leader says that this will be used to their benefit in rural areas." Singhvi told the court.
A bench of Justices Surya Kant and K.V. Viswanathan heard the case and said that it will ask the Ajit Pawar faction to give an unconditional undertaking that it will stop its members from using Sharad Pawar's photo. The bench told Ajit Pawar faction that now that you are two separate entities, go only with your own identity.
"When elections come you need his face and when you win the elections then you leave the party" the bench orally remarked.
Earlier on February 19, the top court allowed NCP founder Sharad Pawar and his faction to operate under the name ‘Nationalist Congress Party-Sharad Chandra Pawar.’ Today, the court passed an interim order extending this order till the hearing in NCP dispute is concluded.
The ECI had allocated the new name to the Sharad Pawar faction in an order on February 7 as a one-time measure to participate in the Rajya Sabha polls.
In an interim relief the Supreme Court had permitted the Sharad Pawar faction to apply for a party symbol. It directed the EC to allot the Sharad Pawar faction a party symbol within a week of their application.
On February 6, the ECI recognised Ajit Pawar's faction as the real NCP and allotted the NCP symbol 'Wall Clock' to Ajit Pawar's faction.
The ECI noted that both factions were found to be working outside the party constitution and organisational elections. Consequently, the test of majority in the legislative wing favoured Ajit Pawar's faction.
The ECI had then given the Sharad Pawar-led group a "one-time option" to claim a name for its political outfit and provide three preferences in view.
The Maharashtra Speaker Rahul Narwekar ruled that the faction headed by Ajit Pawar is the real NCP. The Speaker's decision was based on the factor of legislative majority. Ajit Pawar had the support of 41 MLAs of the party.
Earlier, the Supreme Court had granted the Maharashtra Speaker time till February 15 to decide on the disqualification petitions of NCP MLAs affiliated to Deputy Chief Minister Ajit Pawar's group.
Ajit Pawar was sworn in as the Deputy Chief Minister in the Maharashtra government after he rebelled against his uncle and NCP supremo Sharad Pawar. Ajit Pawar walked away with a majority of NCP MLAs in July 2023, and supported the BJP-Shiv Sena coalition government led by Eknath Shinde in Maharashtra.