Ahead of the Lok Sabha elections, the Supreme Court granted the Sharad Pawar faction the right to use the name “Nationalist Congress Party-Sharadchandra Pawar” and the symbol of a man blowing a “turha.” However, the court barred the Ajit Pawar faction from using Sharad Pawar’s name or photograph for political advantage.
NEW DELHI: The Supreme Court on Thursday(24th Oct) permitted the Ajit Pawar-led faction of the NCP to retain the “clock” symbol for the upcoming Maharashtra Assembly elections. However, the court directed the faction to use the symbol with a disclaimer and submit a fresh undertaking by November 6, ensuring compliance with its orders.
A Bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan issued the order in response to a petition filed by the Sharad Pawar-led NCP faction.
The Sharad Pawar group argued that Ajit Pawar had caused “widespread confusion” among voters by using the clock symbol without including the required disclaimer.
Amid the ongoing legal dispute over which faction represents the ‘real’ NCP, the Sharad Pawar-led faction was previously directed to use the “tutari” (trumpet) symbol in its election campaigns.
The Court today emphasized the need for both factions to follow its previous orders to avoid any undue embarrassment.
“Submit a fresh undertaking confirming that you will adhere to our current and future directions until the elections conclude. We expect full compliance from both sides—please do not create a situation that leads to embarrassment for either of you,” Justice Kant stated.
The court warned,
“If we find any deliberate attempt to breach our order, we may initiate suo motu contempt proceedings.”
Earlier this year, the Election Commission assigned the “clock” symbol to Ajit Pawar’s faction following a split in the NCP. In 2023, Ajit Pawar broke away from his uncle, Sharad Pawar, and aligned with the ruling Mahayuti alliance.
Ahead of the Lok Sabha elections, the Supreme Court granted the Sharad Pawar faction the right to use the name “Nationalist Congress Party-Sharadchandra Pawar” and the symbol of a man blowing a “turha.” However, the court barred the Ajit Pawar faction from using Sharad Pawar’s name or photograph for political advantage.
The Court has issued a notice regarding an interim application filed by the Sharad Pawar faction, requesting that the Ajit Pawar faction be assigned a new symbol for the upcoming Maharashtra Assembly elections instead of the clock.
Representing the Sharad Pawar faction, Senior Advocate AM Singhvi argued that the Ajit Pawar camp was misusing the clock symbol without the required disclaimer, misleading voters into believing it was linked to the Sharad Pawar group. Singhvi asserted that this violated the Court’s earlier directive mandating a disclaimer in election materials featuring the clock symbol.
“They provided the disclaimer only today, after learning that the matter was listed for hearing,” Singhvi claimed. He urged the Court to bar the Ajit Pawar faction from using the clock symbol until a final verdict is issued on which faction is the legitimate NCP. “No one should benefit from the goodwill attached to our symbol. If we are assigned a different symbol, they should receive one too,”
Singhvi added.
In response, Senior Advocate Balbir Singh, representing the Ajit Pawar faction, denied the allegations. He accused Singhvi of presenting cropped images as evidence.
“They are using misleading documents. We have issued disclaimers… If my friend only shows half the picture and omits the part with the disclaimer, how do I respond?”
Balbir Singh argued.
The matter will be heard again on November 4.
In March 2024, the Supreme Court allowed the Ajit Pawar faction to use the clock symbol for the parliamentary and Maharashtra Assembly elections, subject to specific conditions. This decision followed the Election Commission’s recognition of Ajit Pawar’s group as the legitimate NCP after the party split. However, the Sharad Pawar faction challenged the Election Commission’s decision in the Supreme Court, which permitted the use of the clock symbol by Ajit Pawar’s faction until a final ruling is made on the dispute.
SYMBOL ISSUE
The legal battle between political factions stems from the split within the parties and the disqualification of MLAs, but the key issue centers around the Election Commission’s decision on which group represents the “real” party and is entitled to use the original party symbol.
SENA VS SENA
In 2022, the Election Commission recognized the Eknath Shinde-led faction as the legitimate Shiv Sena, granting it the party’s name, symbol, and assets. The faction led by Uddhav Thackeray was assigned the name “Shiv Sena (Uddhav Balasaheb Thackeray)” (SHS-UBT) and the “Mashaal” symbol. Uddhav challenged the decision in the Supreme Court, arguing that the Election Commission and the Speaker incorrectly relied on the strength of the legislative party instead of the main political party.
On February 22, 2023, the Supreme Court issued an interim order, stating that the protection provided under paragraph 133 (IV) of the Election Commission’s February 17 ruling would remain in force. However, the case remains pending, with no hearing scheduled since September 2023.
NCP VS NCP
The split in the NCP led to the Election Commission recognizing Ajit Pawar as the leader of the primary NCP faction, while Sharad Pawar’s group was designated as “NCP (Sharadchandra Pawar).” In February 2024, Sharad Pawar filed a challenge against this decision, contending that it was flawed and objecting to Ajit Pawar’s use of the NCP’s “Clock” symbol. He argued that the shared symbol caused confusion among voters.
In March 2024, the Supreme Court ruled that the Sharad Pawar faction could use the “Man Blowing Turha” symbol, ensuring it would not be assigned to any other party or candidate. The court further ordered Ajit Pawar’s faction to issue public notices in Marathi, Hindi, and English, clarifying that the allocation of the “Clock” symbol was under judicial scrutiny. The disclaimer was also to be included in all campaign materials.
After the Lok Sabha elections, the Sharad Pawar faction sought the court’s intervention to revoke Ajit Pawar’s permission to use the “Clock” symbol, claiming that voters were misled. During a hearing on October 22, the Sharad Pawar faction’s counsel argued that votes intended for them had gone to Ajit Pawar’s group due to the symbol confusion.
They also highlighted that the Election Commission was issuing similar symbols, like the “turha,” as free symbols, adding to the confusion. The matter is now scheduled for hearing on October 24.
POLITICAL RAMIFICATIONS
The 2022 Shiv Sena split led to the collapse of the previous government, with Eknath Shinde becoming Chief Minister, heading a BJP-supported government. Meanwhile, Uddhav Thackeray’s faction filed disqualification petitions against 39 MLAs for defying the party whip, while Shinde filed similar petitions against Uddhav’s loyalists, citing anti-party activities.
The NCP factions filed similar disqualification pleas following their 2023 split, with both Ajit Pawar and Sharad Pawar seeking to disqualify each other’s supporters. After repeated delays, the Supreme Court directed the Speaker to resolve the matter. However, on January 10, 2024, Speaker Rahul Narvekar dismissed all disqualification petitions.
Both the UBT faction and the Sharad Pawar-led NCP appealed the Speaker’s decision in the Supreme Court. Although the matter has been listed 15 times since August 2023, no hearing has occurred.
With the Maharashtra Assembly elections set for November 20, followed by the results on November 23, lawyers have emphasized that the symbol issue remains the most pressing matter.
A senior lawyer commented, “Disqualification may become moot after the elections, but resolving the symbol dispute will set a legal precedent for future conflicts.”
Case Title: Sharad Pawar v. Ajit Anantrao Pawar and anr
