New Delhi: The Supreme Court on Thursday asked the Ajit Pawar faction of the Nationalist Congress Party as to why it used Sharad Pawar's picture in posters in the upcoming Lok Sabha election, saying “you are so confident of your popularity and being a public leader, go ahead with your photograph, why are you riding on his back…”.
The apex court told Ajit Pawar group's counsel, “Give an undertaking to us that you will not allow any of your workers to use his (Sharad Pawar) photograph…otherwise we will be constrained to pass an order…”, and added when elections come they need Sharad Pawar’s name and when it is over, “you don’t need him”.
At the outset, senior advocate A M Singhvi, representing the Sharad Pawar group, asked why the Ajit Pawar group wanted to piggyback on the Sharad Pawar group. “I am on my own, I have got my name and my symbol, let him (Ajit Pawar) use anything under the sun except clock and trumpet and not my photo… of free and fair elections, level playing field, democracy, and the basic structure of the Constitution…you have the guts get votes yourself, why piggyback…”, said Singhvi.
A bench comprising Justice Surya Kant and K V Viswanathan queried senior advocate Maninder Singh, representing Ajit Pawar group, “To that extent he is right, why are you using his photograph…you are so confident of your popularity and being a public leader, go ahead with your photograph, why are you riding on his back…”.
Singh along with advocate Abhikalp Pratap Singh said this is not the Ajit Pawar party section which is doing it. Justice Kant said then who will take the responsibility, unless you want us to restrain everyone. “Give an undertaking to us that you will not allow any of your worker to use his (Sharad Pawar) photograph…otherwise we will be constrained to pass an order”, said Justice Kant, adding that Ajit Pawar group cannot say that it is separate political party but for going to elections they will use Sharad Pawar’s face.
“Now that you are two separate entities, with a different kind of identity, go with your identity only…you have chosen to separate with him…it is for you to control your workers… suppose for the purpose of encashing his popularity in the masses...”, said justice Kant, adding that when elections come you need Sharad Pawar’s name and when it is over, “you don’t need him”.
The bench told Singh that since Ajit Pawar group is a separate political identity, it is better to stick to that, while suggesting to give an undertaking that his faction would not use pictures of Sharad Pawar group in the publicity materials during the Lok Sabha or assembly polls.
Singh did not agree with the suggestion of giving an undertaking to the court and pointed out the probability of various issues associated with it.
The apex court said it has yet not formed its view on the Election Commission's decision to recognise the Ajit Pawar group as real NCP with a clock symbol.
During the hearing, Singhvi referred to the statement of Chhagan Bhujbal about the use of pictures of Sharad Pawar during campaigns in rural areas, saying this is blatant deception.
Singhvi said, the court may examine on Monday, the Election Commission never follows the system of keeping the old symbol for either one, I have a new symbol and the Ajit Pawar faction can have any symbol, and added “the clock is inextricably intertwined with my identify…he can give 100 symbols…”.
“If you are fair and want a level playing field, if you do not want to confuse, name you are using, photo you are using, and also do not use the symbol….”, said Singhvi.
Singh objected to Singhvi’s submissions. The bench said it will hear both sides on the issue and it has not formed an opinion and added, “the election commission order has not attained finality, it is under challenge before us. Tomorrow, suppose we set aside that order and we set aside during the mid-elections, what will happen?......why don’t you (Ajit Pawar faction) go choose a symbol and continue to use that symbol in the elections…”.
Singh reiterated that he is not agreeable to the undertaking suggested by the court. The bench said today it is not asking for an undertaking. “Please explore this idea, suppose you have a symbol of your choice and he (Sharad Pawar faction) has already got a symbol, then in the elections….it will be a hassle-free process”, Justice Kant told Singh.
Singh said they do not want a restrictive undertaking given for the name and the photo, and his client will consider the other options.
Concluding the hearing, the bench said, “as we have suggested both of you should come out with public notices in all newspapers, Marathi newspapers…that this is your identity”. The bench asked the Ajit Pawar faction to file its affidavit by Saturday and scheduled the matter for further hearing on March 18.
The apex court was hearing a plea filed by Sharad Pawar challenging an Election Commission order recognising the Ajit Pawar-led faction as the real Nationalist Congress Party (NCP), and awarding it the party symbol of 'clock'.
Ajit Pawar, currently a deputy chief minister in Maharashtra, had walked away with a majority of NCP MLAs in July last year and supported the BJP-Shiv Sena government led by Eknath Shinde.
On February 15, 2024, in another setback to the Sharad Pawar group, Maharashtra Assembly Speaker Rahul Narwekar ruled that Ajit Pawar's group was the real NCP.
