The Supreme Court Bench gave liberty to Sharad Pawar to move the poll panel for allocation of the party symbol and directed the poll panel to allot it in one week of the application.
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NEW DELHI: The Supreme Court of India Today (19 Feb 2024), has issued an interim order allowing the faction led by Sharad Pawar to continue using the name “Nationalist Congress Party-Sharadchandra Pawar” until further notice. This decision comes amidst an ongoing legal battle over the rightful leadership of the NCP, highlighting the complexities of political party dynamics and internal dissent in India.
A bench comprising Justices Surya Kant and K.V. Viswanathan directed the Election Commission of India (ECI) to maintain its February 7 order, which recognized Sharad Pawar’s group under the aforementioned name for the upcoming elections. This interim arrangement allows the Sharad Pawar faction to operate with a distinct identity, pending a final resolution on the matter.
Senior Advocate Abhishek Singhvi, representing Sharad Pawar, emphasized the urgency of the situation, stating,
“The Maharashtra assembly session is scheduled to start from February 26 and our group will be without any name or symbol.”
He further highlighted the interim nature of the ECI’s arrangement, which was initially put in place for the Rajya Sabha elections until February 27, underscoring the immediate need for a party symbol to ensure the faction’s participation in legislative processes without hindrance.
The legal contention stems from a dispute over the recognition of the “real” NCP, following a split within the party that saw Ajit Pawar leading a rival faction. The ECI’s decision on February 7, which allocated the party’s official ‘clock’ symbol to the Ajit Pawar faction, was based on the criterion of legislative majority. This decision was contested by Sharad Pawar, leading to the current legal battle.
The Supreme Court’s order also referenced a similar case involving the Shiv Sena, where the Uddhav Thackeray faction was allowed to retain a specific name and symbol during the pendency of their legal dispute. This precedent underscores the court’s approach to ensuring that internal party disputes do not disenfranchise factions or impede their political activities.
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Senior Advocate Mukul Rohatgi, appearing for the Ajit Pawar faction, objected to the continuation of the interim arrangement, arguing against the Supreme Court’s intervention based on precedents from unrelated cases. However, the bench, acknowledging the potential for voter confusion and administrative chaos, decided to maintain the status quo, allowing the Sharad Pawar faction to use the designated name and seek a party symbol from the ECI.
Despite Rohatgi’s objections to the continuation of the ECI’s interim arrangement, the bench acceded to the request made on behalf of Sharad Pawar, pronouncing –
“Issue notice. Counter-affidavit to be filed in two weeks. Rejoinder to be filed within one week. Post after three weeks. Meanwhile, the order passed on February 7 by the Election Commission of India granting the petitioner right to use ‘Nationalist Congress Party – Sharad Chandra Pawar’ shall continue till further orders. The petition The petitioner may approach the ECI for allocation of a symbol and such a symbol shall be allotted within one week of moving the application.”
When Rohatgi continued objecting, Justice Viswanathan said,
“At some stage, let the voter have some say. It will cause chaos. I don’t want to draw analogy but If you’re following the politics across the border, the whole thing happened because someone wanted the bat symbol and it was not given.”
This legal skirmish reflects the broader challenges of managing dissent and factionalism within political parties in India. The Supreme Court’s interim order not only provides temporary relief to the Sharad Pawar faction but also sets the stage for a more comprehensive examination of party identity, leadership disputes, and the role of the ECI in arbitrating such conflicts.
As the Maharashtra assembly session approaches and the political landscape continues to evolve, the resolution of this dispute will be closely watched for its implications on party politics, legislative processes, and the broader democratic framework in India.
CASE TITLE:
Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024
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