"When elections come, you need him": Supreme Court on Ajit Pawar using Sharad Pawar image, clock symbol

The Supreme Court on Thursday directed the Ajit Pawar faction of the Nationalist Congress Party (NCP) not to use Sharad Pawar's picture and the clock symbol [Sharad Pawar vs Ajit Anantrao Pawar and anr]..A bench of Justices Surya Kant and KV Viswanathan emphasized that since the faction has an independent identity, it must proceed with that only and not use Sharad Pawar's symbol and identity. ."When the election comes you need his name and when there are no elections you do not need him. Now since you have an independent identity you must proceed with that only," the Court remarked..The Court was hearing a plea by Sharad Pawar challenging a February 6 decision of the Election Commission of India (ECI) to grant the clock party symbol to his nephew Ajit Pawar and recognize his group of MLAs as the real NCP.The dispute arose after a rebellion by the Ajit Pawar group led to a split in the party in July 2023. The Ajit Pawar faction currently supports the ruling Eknath Shinde government in Maharashtra.The poll body in its order noted that the total number of NCP MLAs in Maharashtra State assembly stood at 81. Out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.The ECI rejected the application of test of majority in the organisational wing of the party as the details of the organisational structure of the party, its members and their elections appeared to be without any foundational basis.This led to the appeal before the apex court..In February, the apex court had sought responses from Ajit Pawar and ECI and had allowed the Sharad Pawar camp to continue using the name Nationalist Congress Party - Sharadchandra Pawar in the interim, according to a February 7 decision of the poll body.The ECI was asked to decide on the Sharad Pawar camp's application for a new symbol within a week..During the hearing today, Senior Advocate Abhishek Manu Singhvi, appearing for Sharad Pawar, informed the Court that posters on display by the Ajit Pawar faction had the clock symbol and an image of Sharad Pawar."This is blatant patent deception, riding piggy back on my goodwill," he said.He also read a statement by Maharashtra Cabinet Minister Chhagan Bhujbal, belonging to the Ajit Pawar faction of NCP. In his statement, Bhujbal had urged the retention of Sharad Pawar's picture, asserting that it would resonate better with the rural population."Democracy, fair and free elections, are part of the basic structure. If they are so confident to win the elections, then let them do that on their own," added Singhvi.Justice Surya Kant concurred with Singhvi, and asked the Ajit Pawar faction for an undertaking that they will not use Sharad Pawar's picture and the clock symbol. "You are a different political party now, so why to use his picture etc? Go with your own identity now. You have chosen not to be with him," he added.The Court then asked for a categorical undertaking that there would be no overlapping of Ajit Pawar's NCP with Sharad Pawar."You can issue a public notice with wide publicity that as far as you are concerned you are not related to him and how will you be known in politics," the Court suggested.In response, Senior Advocate Maninder Singh for Ajit Pawar's NCP informed the Court that they would file something so that the directions of the Court are implemented in letter and spirit. Accordingly, the Court granted two days for a reply and listed the matter for hearing on March 18. .Thereafter, the Court stated that ideally, both factions should issue public notices to establish their new identities. Singhvi stated that for the playing field to be level, Ajit Pawar's faction should not use the symbol and the picture."Clock is holistically intertwined with Sharad Pawar," he emphasized.Maninder Singh highlighted that the ECI had granted the clock symbol to Ajit Pawar faction. The Court, however, pointed out that the order had not attained finality given the challenge before it. "What if we set it aside during the elections? Then what will you do? Better to select a symbol other than this and use it for elections," the Court said.Singhvi thereafter expressed concerns about the model code of conduct coming into place and Ajit Pawar's NCP citing it as a reason to not give an undertaking. Maninder Singh, however, assured that it would be done by Saturday, March 16.