New Delhi The Supreme Court on Wednesday found no substantial basis to initiate contempt proceedings against Maharashtra deputy chief minister Ajit Pawar for allegedly failing to comply with a previous court order that directed his faction of the Nationalist Congress Party (NCP) to include disclaimers in advertisements and public notices, specifying that the “clock” symbol allocated to his faction was subject to ongoing judicial scrutiny.
While disposing of the contempt plea moved by his uncle and NCP founder Sharad Pawar, the top court asked both sides to strictly comply with the court’s interim order of March 19 to ensure voters are not left befuddled over the choice of candidates they want to make in the upcoming parliamentary elections.
“The most important stakeholders in the process are the voters. The purpose of our interim order was to apprise them about the pendency of the symbol dispute before this court. It was to tell them that the allocation of ‘clock’ symbol is pending and that they (Ajit Pawar faction) are using it in the interim until the court decides the matter finally,” a bench of justices Surya Kant and KV Viswanathan said.
In its order, the bench directed both factions to “sensitise” their office-bearers, spokespersons and party workers so that there is no contravention of the March 19 order, even as it reiterated that the Sharad Pawar faction will not use the “clock” symbol in any form.
{{/usCountry}}In its order, the bench directed both factions to “sensitise” their office-bearers, spokespersons and party workers so that there is no contravention of the March 19 order, even as it reiterated that the Sharad Pawar faction will not use the “clock” symbol in any form.
{{/usCountry}}Simultaneously, the bench turned down the Ajit Pawar faction’s plea to modify the March 19 order so that the party did not have to compulsorily put the disclaimer in all its communications, regardless of whether it had anything to do with elections or not.
“We think both sides have understood our order clearly and will comply with it in a bona fide manner. One or two office-bearers or workers, out of anger or frustration, may do something but the party will have to take care of that...We also know that our order does not have to be construed in a manner that it becomes impossible to be followed,” said the bench. Senior counsel Abhishek Manu Singhvi and Mukul Rohati represented the senior Pawar and Ajit Pawar respectively.
On March 19, the bench allowed the Ajit Pawar faction to keep using the clock symbol and the NCP name but with a caveat that it would issue a public notice in leading English, Marathi and Hindi dailies informing the public that the symbol’s allocation was subject to outcome of the petition heard by the court. “Such a declaration shall be incorporated in every pamphlet, advertisement, audio, or video clip” issued by the Ajit Pawar faction, the bench added at the time.
This order also said that the other faction will be entitled to use the name “Nationalist Congress Party - Sharadchandra Pawar” for the purpose of contesting the ensuing parliamentary and state assembly elections along with the symbol of “man blowing turha”.
In its order on Thursday, the bench said that both sides will use the election symbol as approved by the court until the petition filed by senior Pawar against the allotment of clock symbol and party name to his nephew’s faction is not decided. It also recorded a statement by the Ajit Pawar bloc that they will issue public notices again and more prominently in leading newspapers to bring the pending dispute to the attention of the voters.
The matter was brought before the bench on Wednesday by Singhvi, representing Sharad Pawar. Singhvi raised concerns about the non-compliance of the court’s order and pointed out that instead of following the directive, the Ajit Pawar faction has filed an application seeking relaxation of the March 19 order. Responding, Rohatgi contested Singhvi’s assertions, prompting the bench to fix the matter for a detailed hearing on Thursday.
The legal tussle stems from the split within the NCP in July 2023, following a rebellion led by the Ajit Pawar group. The Ajit Pawar faction currently lends its support to the ruling Eknath Shinde government in Maharashtra.
The dispute over the true identity of the NCP before the Election Commission of India (ECI) was decided in favour of the Ajit Pawar faction that had submitted affidavits of 57 MLAs in its support, compared to Sharad Pawar’s 28 affidavits. Based on legislative majority, ECI recognised the faction led by Ajit Pawar as the “real” NCP.