NCP vs NCP: Recognise 'NCP-Sharad Chandra Pawar' party name and 'man blowing turha' symbol for LS, State Assembly polls, SC to ECI
Mar 19, 2024
New Delhi [India], March 19 : The Supreme Court on Tuesday asked the Election Commision of India to recognise the Sharad Pawar faction of NCP - 'Nationalist Congress Party - Sharad Chandra Pawar' name and 'man blowing turha' symbol for Lok Sabha and State Assembly elections.
A bench of Justices Surya Kant and KV Viswanathan further asked the ECI to reserve the 'man blowing turha' symbol for the Sharad Pawar faction and said it should not allot the symbol to any other party or candidate.
The apex court also directed the Ajit Pawar faction to issue a public notice in English, Hindi, Marathi media and mention in all its campaign ads that the 'clock' symbol allotted to it is subject to the outcome of the case pending before it on challenge to the ECI order of recognising Ajit Pawar's group as 'real NCP'.
It ordered, "The respondents (NCP-Ajit Pawar) are directed to issue a public notice in the newspapers in English, Marathi and Hindi editions notifying that the allocation of the 'clock' symbol is sub-judice and the respondents shall be permitted to use the same subject to the outcome of the proceedings. Such a declaration shall be incorporated in every template, advertisement, audio or video clip issued on behalf of the respondent political party."
The senior Pawar party symbol shall not be used in any manner by the Ajit Pawar group in the ensuing elections, said the bench.
It also directed that the undertaking made by the Ajit Pawar faction to not use the name and pictures of Sharad Pawar in election posters will apply not just to the State of Maharashtra but also to other States.
The Ajit Pawar faction today filed an undertaking in which it agreed to refrain from using the names and pictures of Sharad Pawar in campaign materials.
Last week, the apex court questioned the Ajit Pawar faction, which has been officially recognised as the NCP by the poll panel, as to why it is using veteran leader Sharad Pawar's photo for campaigning.
It had also suggested Ajit Pawar group file an undertaking that they will not directly or indirectly use the name of Sharad Pawar.
Sharad Pawar group had filed an application saying Ajit Pawar faction was 'misusing" senior Pawar's name and pictures to appeal to voters.
Earlier, the apex court had directed that the Election Commission's order of February 7 allotting 'Nationalist Congress Party-Sharadchandra Pawar' as the party name for the Sharad Pawar faction will continue till further orders.
Sharad Pawar had moved the Supreme Court challenging the decision of the ECI officially recognising Ajit Pawar's faction as the 'real' NCP and use of party symbol.
The poll panel while applying the test of majority in the legislative wing, had ruled that Ajit Pawar's faction was the 'real' NCP and permitted the faction to use the 'clock' symbol for the party.
In its order, the Election Commission had noted that the total number of NCP MLAs in the Maharashtra State assembly stood at 81 and out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.
Hence, the poll panel concluded that the Ajit Pawar faction enjoyed the majority support of the legislators and can lay claim to being NCP.