Setback for Ajit Pawar Faction: SC Refuses to Modify Its March 19 Order

The Supreme Court has refused to modify an earlier order instructing Ajit Pawar's faction of the Nationalist Congress Party to disclaim the allocation of the 'clock' symbol in all publicity material.

New Delhi:In a setback to Ajit Pawar faction of Nationalist Congress Party (NCP), the Supreme Court on Thursday refused to modify its earlier order, where it had instructed the faction to put a disclaimer that allocation of 'clock' symbol to it is sub judice, in the publicity material.

Ajit Pawar will have to meticulously declare in every advertisement material, audio and video clips, that the issue of allocation of clock symbol is subjudice before the apex court.

A bench comprising justices Surya Kant and K V Viswanathan told senior advocate Mukul Rohatgi, representing the Ajit Pawar faction, “let us be very clear that we are not modifying the order (passed on March 19). We have no doubt about the bona fide of the parties... you can issue bigger advertisements. Plus, we understand difficulty at the grassroots level, but your office bearers should understand…”.

Senior advocate A M Singhvi, representing the Sharad Pawar faction, sought action against Ajit Pawar faction citing wilful violation of court order and opposed the application for modifying the order.

Ajit Pawar faction contended before the court that the Sharad Pawar faction is spreading that the apex court had already made up its mind that the grant of clock symbol to Ajit Pawar faction is illegal.

The bench, in its order, said that in its considered view there is no necessity to modify the directions given on March 19. The bench stressed that it is suffice to clarify and reiterate that the petitioner and party office bearers and workers supporters shall abide by directions in para 3 of the order.

“The respondents, the office bearers of the political party, the workers are obligated to meticulously follow directions contained in the order. Mr Rohatgi has agreed to issue the public notices with more prominent space in newspapers and assured that the office bearers, candidates, shall be sensitised that there is no defiance of directions of this court given on March 19….”, said the bench.

The Ajit Pawar faction alleged that the Sharad Pawar group was still using the 'clock' symbol. The apex court directed that the Sharad Pawar group, its party office bearers, workers, and supporters to only use the name "NCP (Sharad Pawar)" and the symbol "man blowing turha (trumpet)".

"In other words, the applicant-petitioner (Sharad Pawar) or supporters shall not use the symbol clock," said the bench. The apex court was hearing two applications: one was moved by the Sharad Pawar group, which alleged non-compliance of the court order by the Ajit Pawar group, and the other application by Ajit Pawar's faction seeking to modify a requirement in the order regarding disclaimers in every “pamphlet, advertisement, audio, or video clips issued”.

The apex court, on March 19, had directed the Ajit Pawar-led faction to issue a public notice in the newspapers in English, Hindi, and Marathi editions notifying that the allocation of 'clock' symbol is sub judice before the court and the respondent have been permitted to use the same subject to final outcome of these proceedings.

The apex court had said that such a declaration shall be incorporated in every pamphlet, advertisement, audio or video clip to be issued by the respondent (NCP) political party.

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