In a significant ruling, the Supreme Court has permitted the Ajit Pawar faction of the Nationalist Congress Party (NCP) to use the party’s clock symbol for the upcoming Parliamentary and Maharashtra State elections, subject to certain conditions. At the same time, the Court has directed the Election Commission of India (ECI) to provisionally recognize the Sharad Pawar faction of the NCP as a political party for the upcoming elections, assigning them a new symbol of a man blowing a tutari (trumpet).
A bench comprising Justices Surya Kant and KV Viswanathan issued the directive after hearing a plea by Sharad Pawar challenging the ECI’s decision to grant the clock symbol to his nephew Ajit Pawar and recognize his group of MLAs as the authentic NCP.
The Court allowed the Ajit Pawar faction to use the clock symbol but with a caveat: they must issue a public notice stating that the allocation of the symbol is subject to the final outcome of the legal proceedings. Furthermore, every advertisement and audio/video clip released by the faction must include this disclaimer.
The dispute arose after the NCP split into two factions in July 2023, with Ajit Pawar’s faction supporting the ruling government in Maharashtra. The ECI’s decision to recognize Ajit Pawar’s faction as the real NCP was challenged by Sharad Pawar in the Supreme Court.
During the hearing, Senior Advocate Abhishek Manu Singhvi, representing Sharad Pawar, argued that the clock symbol had been associated with Sharad Pawar for over 25 years and its use by Ajit Pawar’s faction could confuse rural voters. However, Senior Advocate Mukul Rohatgi, representing Ajit Pawar, contended that the ECI had already determined Ajit Pawar’s faction as the legitimate NCP.
In response, the bench emphasized the need to address the issue of party symbols independently of the recognition of factions by the ECI.
Ultimately, the Supreme Court’s interim order allows Ajit Pawar’s faction to use the clock symbol while directing the ECI to recognize the Sharad Pawar faction with a new symbol. This ruling aims to ensure clarity and fairness in the electoral process while the legal proceedings continue.
