The Supreme Court on Tuesday decided the dispute between factions within the Nationalist Congress Party (NCP) over the usage of the party's symbol for the upcoming Parliamentary and Maharashtra State elections.
The court's decision, rendered by a bench comprising Justices Surya Kant and KV Viswanathan, aims to address the contentious issue surrounding the allocation of symbols while ensuring fairness and clarity in the electoral process.
The dispute stems from the factional split that occurred within the NCP in July 2023, leading to two distinct groups led by Sharad Pawar and his nephew Ajit Pawar, respectively. With both factions laying claim to the NCP's symbol - a clock - the Election Commission of India (ECI) found itself embroiled in a complex legal quandary.
Initially, the ECI had granted the clock symbol to the faction led by Ajit Pawar, a decision contested vehemently by Sharad Pawar before the highest judicial authority in the country. Sharad Pawar, through his legal counsel, argued that the clock symbol had been intricately associated with him for over 25 years, asserting its recognition as a symbol of his leadership and the party's identity.
During the legal proceedings, the Supreme Court deliberated on the matter, considering the implications of symbol allocation on the electoral process and the integrity of political representation. Senior Advocate Abhishek Manu Singhvi, representing Sharad Pawar, underscored the symbolism attached to the clock and its potential to confuse rural voters, emphasizing the need to maintain clarity and transparency in political messaging.
On the other hand, Senior Advocate Mukul Rohatgi, representing Ajit Pawar's faction, reiterated the ECI's decision recognizing their group as the legitimate NCP. However, the court, cognizant of the complexities involved, sought to ensure fairness in symbol allocation while upholding the principles of democratic representation.
In its interim order, the Supreme Court permitted the Ajit Pawar faction to use the clock symbol for the upcoming elections, subject to certain conditions. Notably, the court directed the inclusion of a disclaimer in all communications issued by the faction, notifying the public that the allocation of the clock symbol remains subject to the court's final decision on the matter.
Furthermore, the court instructed the ECI to provisionally recognize Sharad Pawar's faction as a political entity with a distinct symbol - a man blowing a tutari (trumpet). This decision aims to facilitate a level playing field for both factions while ensuring that voters can make informed choices based on clear and unambiguous party identities.
Case: Sharad Pawar vs. Ajit Anantrao Pawar and anr.
Website designed, developed and maintained by webexy