NCP vs NCP | Supreme Court Permits Sharad Pawar Faction to Use ‘Nationalist Congress Party-Sharadchandra Pawar’

The Supreme Court Today (March 19th) granted permission to the Sharad Pawar faction to utilize the name ‘Nationalist Congress Party-Sharadchandra Pawar’ for the forthcoming Lok Sabha and Assembly elections in India. This decision comes amidst an ongoing legal battle over the rightful leadership of the NCP.

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NCP vs NCP | Supreme Court Permits Sharad Pawar Faction to Use 'Nationalist Congress Party-Sharadchandra Pawar'

NEW DELHI: The Supreme Court today ruled in favor of the Sharad Pawar-led faction of NCPThe Nationalist Congress Party, granting them the right to use the name ‘Nationalist Congress Party-Sharadchandra Pawar’ for the impending Lok Sabha and Assembly elections across the nation.

In addition, Justices Surya Kant and KV Viswanathan‘s bench allowed this group to adopt ‘man blowing turha’ (a traditional trumpet also referred to as tutari) as its emblem.

NCP vs NCP | Supreme Court Permits Sharad Pawar Faction to Use 'Nationalist Congress Party-Sharadchandra Pawar'

This decree came in response to an application from the Sharad Pawar segment, which sought to prevent the Ajit Pawar division from employing the ‘clock’ insignia in the electoral contests. This symbol was originally designated to the NCP prior to its division and is currently associated with the Ajit Pawar faction. The petitioner argued that the current allocation of the ‘clock’ symbol by the Election Commission disrupts the equitable electoral environment.

NCP vs NCP | Supreme Court Permits Sharad Pawar Faction to Use 'Nationalist Congress Party-Sharadchandra Pawar'

Furthermore, the justices instructed both the Election Commission and the State Election Commission (SEC) to officially acknowledge the ‘Nationalist Congress Party-Sharadchandra Pawar’ along with its designated symbol ‘man blowing turha’. They also directed that this specific symbol should not be allocated to any other political entity or independent candidates in future elections.

Moreover, the Supreme Court mandated that the faction under Maharashtra Deputy Chief Minister Ajit Pawar must publicly announce, through notices in English, Hindi, and Marathi newspapers, that the use of the ‘clock’ symbol is currently under judicial review and may be subject to future legal determinations.

The Court also demanded that the Ajit Pawar group should clearly state in all electoral promotional content—be it audio-visual advertisements, banners, or posters—that the use of the ‘clock’ emblem is subject to ongoing litigation.

Additionally, the bench has required the Ajit Pawar faction to submit a formal response within four weeks concerning the Sharad Pawar group’s objections to the Election Commission’s February 6 decision. This decision had recognized Ajit Pawar’s faction as the legitimate representation of the Nationalist Congress Party (NCP).

Previously, on February 19, the Supreme Court had provisionally maintained the Election Commission’s directive, which named the Sharad Pawar contingent as the ‘Nationalist Congress Party-Sharadchandra Pawar’, pending further judicial review.

CASE TITLE:
Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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