The Supreme Court on Wednesday questioned the Ajit Pawar faction, which was recognised by the Election Commission as the Nationalist Congress Party (NCP), to stick to its identity and questioned it as to why it is using veteran leader Sharad Pawar’s name and photo during its political campaigns.
Questioning the NCP faction led by Maharashtra Deputy Chief Minister Ajit Pawar for using the name and photographs of veteran Maratha leader Sharad Pawar, a bench of Justice Surya Kant and Justice K V Viswanathan 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 to use his (Sharad Pawar) picture… Go with your own identity now…”, the bench told the senior advocate Maninder Singh, who appeared for the Ajit Pawar faction of the Nationalist Congress Party.
Besides asking for an undertaking, the bench suggested the Ajit Pawar faction use a symbol other than the ‘clock’ symbol for elections so that there wouldn’t be any confusion.
The suggestion from the bench came as senior advocate Abhishek Manu Singhvi stated that the ‘Clock’ symbol has come to be inextricably identified with Sharad Pawar and is a real issue confronting the faction led by senior Pawar in the rural areas of Maharashtra.
The court issued a notice to Ajit Pawar on an application by Sharad Pawar pointing to the ‘misuse’ of his (Sharad Pawar’s) name, and pictures by the Ajit Pawar faction to appeal to the voters. Posting the plea for further hearing on Tuesday – March 19, as the first matter, the bench asked Ajit Pawar to respond to the notice by Saturday – March 16, evening.
Pointing to the poster by Ajit Pawar faction with the election symbol ‘Clock’ along with a picture of Sharad Pawar, senior advocate Abhishek Manu Singhvi appearing for Sharad Pawar faction told the bench that “This is blatant patent deception, riding piggyback on my goodwill.”
Singhvi told the bench that “free and fair election, level playing field, democracy are part of the basic structure of the constitution. If they (Ajit Pawar faction) are so confident to win the elections, then let them do that on their own”.
To this, Justice Kant asked senior advocate Maninder Singh, “Why are you using his photographs? If you are so confident, then use your photographs?”
In an attempt to shake off any direct responsibility for using veteran politician’s name and photographs during their campaign, senior advocate Maninder Singh, appearing for the Ajit Pawar faction, said that the party was not doing it, some stray members might have done it.
Justice Surya Kant asked. “Then who is responsible? You give an undertaking that you will stop all your members from using his (Sharad Pawar) photo… It is for you to control your workers.”
Asking the Ajit Pawar faction to give an undertaking that they will not use Sharad Pawar’s photos, the bench said, “We need a categorical and unconditional undertaking that the name, pictures of Sharad Pawar will not be used.”
The bench also said ideally, both factions should issue public notices in the media to publicise their new identities.
In the course of the hearing, senior advocate Abhishek Manu Singhvi, appearing for Sharad Pawar, objected to the Election Commission permitting the Ajit Pawar faction to use ‘Clock’ symbol. Singhvi told the bench that a new symbol should have been allotted to them after the split in the parent party.
“I have a new symbol. Let them (Ajit Pawar faction) use any symbol other than the ‘clock’. The ‘clock’ is inextricably linked with Sharad Pawar’s identity,” Singhvi told the bench.
As Maninder Singh objected to it, the bench said that the Ajit Pawar faction uses a different symbol, pointing out that the Election Commission’s order granting ‘clock’ symbol to Ajit Pawar faction is under challenge before the Supreme Court.
“Tomorrow, suppose we set aside this order (of the Election Commissions)? And let’s say we do this in the middle of the election. What will happen?” and suggested “(It is) Better to select a symbol other than this (Clock) and use it for elections,” Justice Surya Kant told senior advocate Maninder Singh.
Earlier on February 19, 2024, the Supreme Court, by an interim, order said veteran leader Sharad Pawar would 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 then ongoing biennial election to Rajya Sanha that concluded on February 27, 2024.
Ajit Pawar had resisted any extension of the poll panel’s February 7, 2025, order of the Election Commission permitting the use of the name – Nationalist Congress Party (Sharad Chandra Pawar) – limited to the then ongoing biennial election to Rajya Sanha that concluded on February 27, 2024.
Pawar approached the Supreme Court challenging the ECI’s February 6, 2024, decision recognising the Ajit Pawar fiction as a ‘real’ NCP and allotting the party’s election symbol alarm ‘Clock’.