Declare clock symbol subjudice in Maharashtra election posters, Supreme Court tells Ajit Pawar

The Supreme Court told Ajit Pawar on Thursday (October 24) that the Nationalist Congress Party (NCP) should use the ‘bell’ symbol for the upcoming Maharashtra Assembly elections, with a disclaimer that its use was a matter of dispute in courts and was subject to the final outcome of the petition filed by Sharad Pawar.

On March 19 and April 4, ahead of the Lok Sabha elections, the Court had directed NCP to include a disclaimer in all campaign materials that the use of the ‘bell’ symbol was sub judice. Today, the Court directed Ajit Pawar to file an undertaking that the earlier orders will also be followed in the State Assembly elections.

After taking notice of an application filed by Sharad Pawar alleging that the Ajit Pawar Group had violated the terms and conditions, the Court asked the latter to file a reply along with a reiteration of an earlier undertaking that the directions contained in the earlier orders “will be scrupulously observed.” with, even during the process of state assembly elections.”

The bench verbally warned that it would initiate suo motu contempt proceedings if its orders were violated. The case will be heard further on November 6.

A bench of Judges Surya Kant, Dipankar Datta and Ujjal Bhuyan was hearing an application filed by the Sharad Pawar faction seeking to restrain the Ajit Pawar faction from using the ‘bell’ symbol in the upcoming Maharashtra Assembly elections. The petitioner prayed that the Court should direct the respondent to apply for a new symbol to contest the Vidhan Sabha elections.

‘No one should enjoy the goodwill of a symbol that is subject to justice’ Senior Advocate Dr AM Singhvi submitted for Sharad Pawar. Singhvi alleged that the NCP (Ajit Pawar) did not use the disclaimer in their campaign material. Since they have not fulfilled the conditions imposed by the Court, they should be restrained from using the bell symbol, Singhvi argued.

Senior Advocate Balbir Singh, for Ajit Pawar, refuted Singhvi’s arguments and claimed that all pamphlets and campaign materials contained the disclaimers as mandated by the Supreme Court. He offered to produce all the material before the Court and sought time to do the same.

Singhvi produced certain screenshots of posters, which he said were posted from the official ‘X’ handles and Facebook pages of NCP and Ajit Pawar, saying they were not in compliance with the Supreme Court order.

Singh objected to Singhvi handing over the documents to the bench across the bar without giving him a chance to respond. Singvhi said his colleague had taken photographs of the posters from the respondent’s side in violation of the Court’s order. Judge Datta then asked whether these materials could be considered “legal evidence” for the Court to act.

Judge Kant said to Singh at this time: “Once we have given a direction, it must be adhered to. You are submitting a response and a new commitment that you have not violated in the past… and you will not do so in the future. We expect both parties to follow our instructions. Don’t create an embarrassing situation for yourself. If we find that there is a deliberate attempt to violate our order, we may initiate suo motu contempt action.”

Singh then submitted that the Court should direct Sharad Pawar to also file an affidavit that his faction would comply with the conditions imposed on them. Singhvi expressed willingness to do so. The court pointed out to Singh that his party had not filed an application alleging non-compliance by the other party.

Background

Following a rift between the Sharad Pawar and the Ajit Pawar factions of the NCP, the Election Commission of India recognized the latter as the official NCP on the basis of its legislative majority and awarded the ‘bell’ symbol (the original symbol of the united NCP) to It. The Sharad Pawar group appealed the ECI decision to the Supreme Court.

On March 19, the Court allowed the Ajit Pawar faction to use the ‘bell’ symbol, subject to certain conditions. This included making a public statement that her use of the ‘bell’ symbol for the Lok Sabha and Maharashtra Assembly elections is subject to judicial review and subject to the outcome of the Sharad challenge Pawar group against the ECI decision.

While hearing the SLP, the bench also asked the Ajit Pawar faction not to use Sharad Pawar’s name and images in its campaign materials.

Following this, the Sharad Pawar faction issued an urgent notice on April 3, claiming that the Ajit Pawar faction did not comply with the March 19 instruction (to publish advertisements with a disclaimer that a legal dispute with Sharad Pawar’s faction over the allocation of the party symbol ‘clock’ is sub judice).

In view of this, the Supreme Court has asked the Ajit Pawar faction to show how many advertisements were published after March 19. The Court also orally said that no one has the right to deliberately misinterpret its order and that it would be dealt with seriously if its order was defied.

On April 4, it was ruled that the Sharad Pawar faction can only use the name “NCP (Sharad Pawar)” and the symbol “man blows turha (trumpet)”. “In other words, the applicant-petitioner (Sharad Pawar) or supporters are not allowed to use the symbol clock,” the Court said.

Case Title: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024