The Supreme Court Today (April 4th) instructed the Ajit Pawar faction of the Nationalist Congress Party (NCP) to enhance the visibility of disclaimers in its election advertisements. This directive aims to ensure clarity regarding the use of the NCP’s clock symbol, indicating that it is contingent upon the outcome of a pending court case before the apex court.
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NEW DELHI: The Supreme Court issued a directive Today to the Ajit Pawar faction of the Nationalist Congress Party (NCP), emphasizing the need for more prominent disclaimers in its election advertisements. This instruction aimed to provide clarity regarding the usage of the NCP’s clock symbol, indicating that its utilization is contingent upon the outcome of a pending court case before the apex court.
A bench comprising Justices Surya Kant and KV Viswanathan also cautioned the rival NCP faction led by Sharad Pawar against utilizing the NCP clock symbol in any context. Instead, they were directed to use the tutari (trumpet) symbol for the forthcoming polls, as previously instructed in a March 19 order.
“It is suffice to clarify and reiterate that the petitioner (Sharad Pawar) and party office bearers and workers supporters shall abide by directions in para 3 in terms thereof. The respondents (Ajit Pawar faction), the office bearers of political party, the workers are obligated to meticulously follow directions contained in the order. Mr. Rohatgi has agreed to issue the public notices with more prominent space in newspapers and assured that the office bearers, candidates, shall be sensitised that there is no defiance of directions of this court given on March 19. Petitioner shall ensure that workers follow directions of our order and follow NCP-SP,”
-the Court stated.
The Court’s assertion underscored the importance of adherence to its directives by both factions, ensuring compliance with the guidelines set forth in the previous order issued on March 19. Additionally, the Court emphasized the need for proactive measures, such as the publication of public notices with enhanced visibility in newspapers, to reinforce the compliance message among office bearers and candidates.
The directive aimed to mitigate potential confusion surrounding the use of party symbols and underscored the Court’s commitment to maintaining electoral integrity and transparency. By clarifying the status of the NCP’s clock symbol pending the court case’s resolution, the Supreme Court sought to ensure a level playing field and uphold the principles of fair and impartial elections.
The Court’s order stemmed from a plea lodged against Ajit Pawar by his uncle, Sharad Pawar, who now leads a rival faction of the Nationalist Congress Party (NCP) subsequent to the party’s split last year.
Sharad Pawar’s plea contended that the Ajit Pawar faction was disregarding the Supreme Court’s March 19 directive, which mandated the inclusion of specific disclaimers in any election advertisements containing the NCP’s “clock” symbol. These disclaimers were intended to clarify the ongoing dispute over the allocation of the clock symbol.
Senior Advocate AM Singhvi, representing Sharad Pawar, argued that Ajit Pawar’s faction had been consistently flouting this directive.
“Please see there is no disclaimer by them in anything. Even in the ads of last week. Clock symbol is there.. says sponsored by NCP, etc. … but no disclaimer … I am surprised that there is clear violation of the orders of this court,”
–Singhvi asserted.
During the recent hearing, counsel for the Ajit Pawar faction had requested the Court to reconsider its earlier directive regarding the necessity of displaying such disclaimers. Singhvi reiterated his objection to this modification request and accused the Ajit Pawar faction of flagrantly violating court orders.
He further emphasized that the Ajit Pawar faction continued to misuse Sharad Pawar’s image to capitalize on the latter’s reputation and image.
“This is gross abuse and they are seeking review of this gross abuse. In a press conference on March 30, the first face displayed is of Sharad Pawar. The first face is mine (Sharad Pawar’s)! My face, my photo … (they are) piggybacking and then complaining against me … This has to stop immediately and the orders of this court are being violated,”
-Singhvi contended.
Singhvi’s remarks underscored the urgency of enforcing the Court’s directives and halting the misuse of Sharad Pawar’s image by the Ajit Pawar faction. The ongoing dispute highlights the intricacies and challenges surrounding political rivalries, particularly within the context of electoral campaigns.
Singhvi underscored that these were not isolated incidents, highlighting that even Ajit Pawar’s social media handle lacked the necessary disclaimers.
Addressing the bench’s concern, Justice Kant emphasized the importance of ensuring that the party leadership curtails any deliberate misinterpretation of the Court’s earlier orders by ground workers.
“The purpose of the order was to bring this in public domain and the voters who are the most important stakeholders shall get to know about it (that) this clock issue is sub judice and they are using it till the issue is resolved by the Court. As far as ads, pamphlets, etc., party has complied.. Some party workers, etc. may be violating it and the party has to take care of it,”
-Justice Kant elucidated.
Singhvi emphasized the urgency of the situation, noting that the purpose seemed to exploit the brief window before the elections.
Senior Advocate Mukul Rohatgi, representing the Ajit Pawar faction of the NCP, contended that the disclaimers ordered by the top court had already been disseminated across various newspapers.
“We have put the disclaimer in all the newspapers … All newspapers have it,”
-Rohatgi asserted.
However, Justice Viswanathan observed that these disclaimers were not prominently displayed.
“These ads are not prominent at all.. This is tucked away in some corner,”
-he remarked.
Eventually, the Court instructed the Ajit Pawar side to issue larger advertisements.
“Your office bearers who are members of parliament, the spokesperson etc. must not violate orders of our court,”
-the Court added before dictating its order.
In background, the NCP split into two factions in July 2023, following a rebellion by the Ajit Pawar group. The Ajit Pawar faction currently supports the ruling Eknath Shinde government in Maharashtra.
When the dispute over the true identity of the NCP reached the Election Commission of India (ECI), it was found that the Ajit Pawar faction had submitted affidavits of 57 MLAs in its support, while Sharad Pawar had only 28 affidavits. Consequently, the ECI determined that the faction led by Ajit Pawar was the legitimate NCP, a decision later challenged by Sharad Pawar before the Supreme Court.
On March 19, the apex court permitted the Ajit Pawar faction of the NCP to use the party’s clock symbol for the upcoming parliamentary and Maharashtra State elections, with certain conditions. The faction was allowed to use the symbol under the provision that a public notice be issued, stating that the allocation was subject to the apex court’s final decision on the matter. Additionally, the Court mandated the inclusion of this disclaimer in all advertisements, audio, and video clips representing the faction.
CASE TITLE:
Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
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