The Supreme Court on Wednesday directed Maharashtra Deputy Chief Minister Ajit Pawar led-Nationalist Congress Party (NCP) to show how many advertisements were published by it after its (top court) March 19, 2024 order, which had directed it to carry a disclaimer in its all advertisements and campaign material stating that the allotment of the “clock” symbol to it is sub-judice before the top court and they have been permitted to use it (clock symbol) subject to the final outcome of court proceedings.
The top court by its March 19, 2024 had directed Ajit Pawar faction of NCP to issue a public notice in the newspapers with Marathi, Hindi and English editions, notifying that the allocation of the “clock” symbol is sub-judice before the top court and they have been permitted to use the same subject to the final outcome of these case.
The top court by its March 19 order had also directed the Ajit Pawar faction to incorporate in its every election campaign material – pamphlet, advertisement, audio, or video clips – that the allotment of ‘clock’ election symbol is under challenge before the Supreme Court and its fate is subject to the final outcome of the adjudication of the matter.
Seeking the details of the advertisements issued since its March 19 order, a bench of Justice Surya Kant and Justice KV Viswanathan cautioned Ajit Pawar group that a serious view will be taken if the court’s order was defied.
Taking a stern view, the bench said that nobody has a right to deliberately misconstrue the Court’s order and said it would list the application by the veteran leader Sharad Pawar.
“Mr. Rohatgi, meanwhile you have your instructions on how many advertisements were issued after this order. We might be required to take a view if he is behaving like this… nobody has a right to deliberately misconstrue our order. The order is not very complicated, it is in simple language. There is only one meaning and no question of double interpretation,” the bench said. Senior advocate Mukul Rohati appeared for Ajit Pawar faction.
The strong observations from the bench came in the course of a mentioning by senior advocate Abhishek Manu Singhvi seeking an early hearing of an application by Sharad Pawar faction of the NCP telling the court that the Ajit Pawar faction of the NCP has not complied with the court’s direction to publish disclaimers in all their advertisements that the use of ‘clock’ symbol by them is a sub-judice matter.
Singhvi expressed concern over the non-compliance of the top court’s order. Singhvi told the bench that instead of adhering to the court’s order, Ajit Pawar’s faction has filed an application seeking relaxation of the March 19, order.
hile directed Ajit Pawar faction of NCP to carry a disclaimer in its every advertisement that the use of ‘clock’ symbol by them is sub-judice before the top court and is subject to the outcome of the case, the bench by its March 19 order had also directed that the undertaking given by Ajit Pawar faction to not to use the name and pictures of Sharad Pawar in election posters will apply not just to Maharashtra but also to other States.
Earlier on March 14, the Supreme Court had asked the Ajit Pawar faction to stick to its identity and questioned it as to why it was using veteran leader Sharad Pawar’s name and photo during its political campaigns. The court had asked the Ajit Pawar group to give an undertaking that they will not directly or indirectly use the name of Sharad Pawar.
“You are a different political party now. You have chosen not to be with him. Now stick to this. Why use his (Sharad Pawar) picture… Go with your own identity now…”, the bench had told the Ajit Pawar faction.
The entire NCP feud is rooted in the Election Commission of India recognising Ajit Pawar faction representing the real Nationalist Congress Party and allotting it the NCP’s reserve symbol ‘clock’.
Earlier on February 19, 2024, the Supreme Court by an interim order said that the veteran leader Sharad Pawar will continue using the name of his party – Nationalist Congress Party (Sharad Chandra Pawar) – beyond February 27 Rajya Sabha biennial election and will approach the Election Commission of India for the allotment of an election symbol that the poll panel will give him within a week of the veteran leader making such an application.
The top court allowed the founder of the Nationalist Congress Party to continue using the name of his party – Nationalist Congress Party (Sharad Chandra Pawar) – that was given to him by the Election Commission limited to the then ongoing biennial election to Rajya Sanha that concluded on February 27, 2024.
However, on March 19, the Supreme Court had directed the Election Commission of India to recognise the Sharad Pawar faction of NCP as ‘Nationalist Congress Party (Sharad Chandra Pawar) and ‘man blowing turha’ as its symbol for Lok Sabha and State Assembly elections across the country.
Pawar has approached the Supreme Court challenging the ECI’s February 6, 2024, decision recognising Ajit Pawar fiction as a ‘real’ NCP and allotting it party’s election symbol alarm ‘Clock’.