The Supreme Court on Thursday said there is no necessity to modify the March 19 order and directed the Ajit Pawar led faction to issue bigger advertisements saying that the clock symbol they are using for elections is sub-judice. The court also ordered the Sharad Pawar group to ensure that all party members comply with the March 19 orders as well.
The court had allowed Ajit Pawar to use the clock symbol till the time court concluded hearing the plea moved by Sharad Pawar against Election commission order that recognised Ajit Pawar faction as real NCP and also allotted the clock symbol to it. On March 19, the court passed interim directions till the final order came. It had allowed Ajit Pawar to use the clock symbol with disclaimer telling people that the symbol is sub-judice.
The Sharad Pawar group on Wednesday told the Supreme Court that Ajit Pawar group has not complied with the top court's direction to make newspaper publications stating that use of 'clock' symbol is sub-judice.
Senior Advocate Mukul Rohatgi appearing for Ajit Pawar moved an application in court seeking a modification in the court. In an interesting turn of events, Rohatgi accused Sharad Pawar's party memebers of using clock symbol despite court giving them new symbol. At this point, the judge had to remind Rohatgi that it will only benefit his party if they campaigned with clock symbol and founght on the 'man blowing turrah' symbol.
On Wednesday, Senior Advocate Abhishek Manu Singhvi appearing for the Sharad Pawar faction mentioned the case before the bench of Justice Surya Kant and K.V. Viswanathan said that "On 19th March, lordships passed an order. I had to move an application that they are not complying."
Singhvi further told the court that the Ajit Pawar led National Congress Party (NCP) had filed an application to relax the previous order by this court. He said they want relaxation in such a well reasoned order. "This cannot be changed, we are in the middle of the elections."
Singhvi called this a mockery of the top court order. "In no newspaper this disclaimer is given!....obviously you are asking for relaxation…your lordship’s order is made a mockery of"
Yesterday, the bench asked Senior Advocate Mukul Rohatgi appearing for Ajit Pawar to get instructions on how many advertisements were issued after the March 19 order of the Supreme Court by the party.
"Mr. Rohatgi you have your instructions on how many advertisements were issued after this order...nobody has a right to deliberately misconstrue our order."
The court had 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.
Today, the bench scanned through the advertisements by Ajit Pawar and said these "advertisements are not prominent at all! These are tucked in a corner."
"We are not modifying the order and we know that both sides have understood the bona fide of parties and we will say that bigger advertisements may be issued. Petitioner (Sharad Pawar) will follow what we directed in direction number 3 and Ajit Pawar side will issue bigger ads and your office bearers who are members of parliament, the spokesperson etc, must not violate orders of our court." the bench said today while dismissing the applications moved by both parties.
The Supreme Court on March 19 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, 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.
Senior Advocate Abhishek Manu Singhvi appearing for the Sharad Pawar faction told the court that the Ajit Pawar faction has given undertaking only for "Maharashtra Pradesh." It was then, that the top court directed the Ajit Pawar faction to give an undertaking for all other states.
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.
A bench of Justices Surya Kant and K.V. Viswanathan had earlier obtained an undertaking from the Ajit Pawar faction that it will stop its members from using Sharad Pawar's photo on posters. The bench told Ajit Pawar faction that now that you are two separate entities, go only with your own identity.