In poll campaign, add disclaimer that ‘clock’ symbol is sub-judice: SC tells Ajit Pawar’s NCP
In March, the Supreme Court had allowed the faction to use the election symbol, subject to issuance of a public notice about its legal status.
The Supreme Court on Thursday told the Ajit Pawar-led faction of the Nationalist Congress Party to add a disclaimer to all its campaign material for the Maharashtra Assembly elections that its use of the “clock” symbol is sub-judice, Live Law reported.
Earlier this month, the Nationalist Congress Party faction led by Sharad Pawar had moved the Supreme Court seeking directions to stop the rival group from using the clock symbol in the state polls.
The petition sought that the Ajit Pawar faction should be given a new election symbol to prevent confusion among voters. There was a need for fairness and clarity in the electoral process, the Sharad Pawar-led group said.
In July 2023, Ajit Pawar, along with several party MLAs had joined Maharashtra’s coalition government comprising the Bharatiya Janata Party and the Shiv Sena faction led by Chief Minister Eknath Shinde. After joining the coalition, Ajit Pawar became the deputy chief minister.
The move had led to a split in the Nationalist Congress Party, with one faction supporting Sharad Pawar and the other backing Ajit Pawar.
In February, the Election Commission recognised the faction led by Ajit Pawar as the real Nationalist Congress Party and allocated it the clock symbol. It had assigned the name “Nationalist Congress Party – Sharadchandra Pawar” to the Sharad Pawar-led group and the “man blowing a turha” symbol ahead of the Lok Sabha elections.
This was challenged by the Sharad Pawar faction in the Supreme Court.
In March, a bench of Justices Surya Kant and KV Viswanathan ordered that the Ajit Pawar-led faction would be allowed to use the clock symbol for the Lok Sabha polls. However, the party was required by the court to issue a public notice in newspapers, in English, Hindi and Marathi, clarifying that the use of the symbol is sub-judice and that its use is subject to adjudication in the matter.
The Ajit Pawar faction was also directed to mention in their election campaign material, including posters and banners, that the use of the clock symbol was sub-judice.
On Thursday, Advocate Abhishek Singhvi, representing the Sharad Pawar group, argued that no faction should benefit from a symbol that is sub-judice.
He alleged that the Ajit Pawar faction was not adding the required disclaimer in its campaign material.
Singhvi contended that, due to this non-compliance with court conditions, they should be prevented from using the clock symbol.
He showed screenshots of campaign posters shared on the social media accounts of Ajit Pawar’s faction to back up his claim.
Advocate Balbir Singh, who appeared for the Ajit Pawar group, refuted the allegations. He claimed that all pamphlets and campaign materials had the necessary disclaimers. He sought time to present the materials to the court.
The court ordered the Ajit Pawar faction to provide an undertaking confirming that the previous orders will be adhered to during the Maharashtra polls.
Warning that it would initiate contempt proceedings if its orders were violated, the bench scheduled the next hearing on November 6.
The polling for the 288-member Maharashtra Assembly will take place in a single phase on November 20. The counting of votes will happen on November 23, alongside that of the Jharkhand elections.
