The Supreme Court on Monday issued notice and said it would like to examine the petition filed by Sharad Pawar challenging the Election Commission of India (ECI) order recognising Ajit Pawar faction as the real Nation Congress Party (NCP).
The matter was heard by a bench of Justice Surya Kant and Justice KV Viswanathan. The top court directed that the Februray 7 order by the ECI granting the petitioner right to use name 'NCP Sharadchandra Pawar' shall continue in the meantime. It further said that Sharad Pawar can move ECI for allotment of new symbol, and the same has to be alotted by ECI within a week of application.
An interesting observation was made by Justice Viswanathan while hearing the petitioners. He cited the situation from across the border in Pakistan and said, "think about the voters. If you're following the politics across the border, the whole thing happened because someone wanted the 'bat' symbol and it was not given the same."
'Let us trust the voter and democracy.' Justice Kant said while hearing the case.
"Any symbol can be allotted. Ultimately intelligent voters will decide," the bench said on Ajit Pawar's counsel's request saying that the clock symbol should not be allotted to Sharad Pawar's party.
Sharad Pawar had challenged the Election Commission of India's (ECI) decision to recognise Ajit Pawar faction as the real National Congress Party (NCP).
Earlier, on February 7, the Ajit Pawar's Faction filed a caveat in Supreme Court anticipating a petition by Sharad Pawar faction’s against the ECI order. The caveat says that no order should be passed by the top court without hearing Ajit Pawar's side.
On February 6, the ECI recognised Ajit Pawar's faction as the real NCP and allotted the NCP symbol 'Wall Clock' to faction led by him.
The ECI observed 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.
Last week, in another setbeck to the Sharad Pawar, the Maharasha Speaker Rahul Narwekar ruled that the faction headed by Ajit Pawar is the real NCP. The Speaker while pronouncing the verdict on the disqualification petitions said there has been two parallel claims by Sharad Pawar and Ajit Pawar since June 30 last year.
The Speaker's decision was based on the factor of legislative majority. Ajit Pawar had the support of 41 MLAs of the party.