Maharashtra Assembly election: Ajit Pawar's NCP can use clock symbol with disclaimer, says SC

Sharad Pawar had founded the NCP in 1999. His nephew Ajit had walked away with a majority of NCP legislators in July 2023. File pic

The Supreme Court (SC) on Thursday, October 24, directed Maharashtra Deputy Chief Minister (CM) Ajit Pawar to use the clock symbol in its publicity material in the upcoming Maharashtra assembly election. However, his Nationalist Congress Party (NCP) will have to put a disclaimer stating that the matter over the symbol was sub-judice before SC, reported news agency PTI.

Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order on a plea filed by the rival NCP-Sharadchandra Pawar (SP) as it issued a notice to the Deputy CM-led party.

According to PTI, the top court on March 19 and April 4 had directed NCP to issue a public notice in the newspapers in English, Hindi and Marathi editions notifying that the allocation of the clock symbol was sub-judice. The apex court had further said the party was permitted to use the symbol subject to the case's final outcome.

During the proceedings on Thursday, the bench took note of the submissions of senior advocate Abhishek Manu Singhvi, who appeared for NCP (SP). Singhvi submitted that the rival faction of the Deputy CM should be restrained from using the clock symbol as it did not follow the usage of the disclaimer in its campaign materials and "misled" voters.

"They have been blatantly not using the disclaimer. They want to piggyback on me. Nobody should enjoy the goodwill of the symbol which is sub-judice," submitted Singhvi.

The top court then directed the Deputy CM to file a fresh undertaking over its March 19 and April 4 directions to issue a public notice: "NCP's clock symbol is sub-judice", was being meticulously complied with even during the process of the Maharashtra Assembly election, reported PTI.

Supreme Court to hear the matter on November 6

"File a fresh undertaking as well that you have not violated our directions in the past and till the end of elections. If there is any violation, we will take note of it. We expect both sides to comply with our directions. Please don't create an embarrassing situation," the bench said.

Singhvi said the Deputy CM's party should be allocated a new symbol for the Maharashtra Assembly election.

However, senior advocate Balbir Singh, appearing for him, opposed Singhvi's submissions and said all pamphlets and campaign materials contained the disclaimers as directed by the apex court.

"They are showing false documents. We have given disclaimers in our publicity material. They came up with the same allegations during the Lok Sabha polls which was rejected. I am willing to file all documents and pamphlets," Singh said.

The matter has now been posted for hearing on November 6. The Maharashtra Assembly election will be held on November 20.

Pawar senior moved the apex court against a February 6 order of the Election Commission of India (ECI) recognising his nephew-led faction as the real NCP.

Election Commission allotted clock symbol to Ajit Pawar faction

ECI had allotted NCP's clock symbol to the group led by the Deputy CM. NCP, founded by Pawar senior, had the clock as its election symbol before its split.

On March 19, the top court allowed the veteran politician's faction to use 'Nationalist Congress Party-Sharadchandra Pawar (NCP-SP)' as its name along with the symbol of a man blowing 'turha (a kind of a trumpet)' ahead of the Lok Sabha polls in the country.

It had passed the order on a plea by NCP-SP, seeking to restrain the Deputy CM's faction from using the clock symbol for the polls, as allotted by ECI, on the ground that it was disrupting the level playing field.

The top court had observed that the name and photographs of Pawar senior could not be used by NCP for political gains.

On February 19, the court directed for the continuation of the ECI order allotting 'Nationalist Congress Party-Sharadchandra Pawar' as the party name for the veteran politician's faction.

Four days prior to the court's order, Maharashtra Assembly Speaker Rahul Narwekar had held that the faction led by the Deputy CM was the real NCP and said the anti-defection provisions in the Constitution could not be used to stifle internal dissent.

Pawar senior had founded NCP with former Lok Sabha speaker Purno Sangma and Tariq Anwar in 1999 after their expulsion from the Congress.

Last year in July, his nephew had walked away with a majority of NCP Members of Legislative Assembly (MLAs) and supported the Bharatiya Janata Party (BJP)-Shiv Sena government led by Eknath Shinde.

(With PTI inputs)