Sharad Pawar Seeks Restraint on Ajit Pawar’s Use of ‘Clock’ Symbol in Assembly Elections

By Legal Wires 6 Minutes Read

n a major legal confrontation ahead of the Maharashtra Assembly elections, veteran politician and founder of the Nationalist Congress Party (NCP), Sharad Pawar, has filed an urgent plea with the Supreme Court to restrict the rival faction led by his nephew, Ajit Pawar, from using the ‘clock’ symbol, the historic emblem of the united NCP. The dispute over the symbol has escalated following the deep rift between the two factions earlier this year. The Election Commission of India (ECI), in a controversial decision, recognized the Ajit Pawar faction as the official NCP based on its legislative majority, thereby allowing the group to use the ‘clock’ symbol for campaigning.

Sharad Pawar has strongly contested the ECI’s ruling, claiming that the use of the symbol by the Ajit Pawar faction not only led to confusion among voters but also caused electoral losses for his faction during the Lok Sabha elections. As the Maharashtra Vidhan Sabha elections approach, Sharad Pawar is seeking urgent judicial intervention to ensure that his political identity remains distinct from that of his nephew’s faction, arguing that the ‘clock’ symbol is inextricably linked with the public perception of the original, unified NCP led by him.

This political and legal battle has significant implications, not only for the NCP but for the broader political landscape of Maharashtra. The use of party symbols plays a crucial role in how voters identify and support political candidates, and Sharad Pawar’s petition aims to prevent further voter confusion that could arise if the Ajit Pawar faction continues to use the ‘clock’ symbol in the upcoming elections.

The Supreme Court has scheduled a hearing on October 15, and the matter will be heard by a bench comprising Justices Surya Kant and Ujjal Bhuyan. This legal tussle comes at a critical time, as the NCP’s internal rift continues to create political ripples across the state.

Sharad Pawar’s Plea:

• Sharad Pawar has filed an application urging the Supreme Court to restrain the Ajit Pawar faction from using the ‘clock’ symbol in the upcoming Maharashtra Assembly elections.
• He has requested that the Ajit Pawar group apply to the Election Commission of India (ECI) for a new symbol, arguing that continued use of the ‘clock’ symbol would lead to further voter confusion.
• The application noted, “Issue directions to Respondent No. 1 (Ajit Pawar) to apply for a fresh symbol for the limited purpose of contesting the upcoming Maharashtra Vidhan Sabha elections during the pendency of the captioned matter.”

Background of the Dispute:

• The rift between the Sharad Pawar and Ajit Pawar factions of the NCP became public earlier this year. The Election Commission of India ruled in favor of the Ajit Pawar faction, recognizing it as the official NCP based on legislative majority and granting it the ‘clock’ symbol.
• Sharad Pawar had previously filed an appeal challenging the ECI‘s decision, and the matter remains pending in the Supreme Court.
• In March, ahead of the Lok Sabha elections, the Supreme Court had directed the Ajit Pawar faction to indicate in campaign materials that the use of the ‘clock’ symbol was sub judice. The Ajit Pawar group was also prohibited from using the name or images of Sharad Pawar in their campaign materials.

Symbol Controversy in Lok Sabha Elections:

• Sharad Pawar emphasized in his application that the use of the ‘clock’ symbol by the Ajit Pawar faction led to confusion among voters during the recent Lok Sabha elections, causing electoral losses for his group.
• The petitioner expressed concern that this confusion could worsen in the upcoming Assembly elections, as constituencies in Assembly elections tend to be smaller and more localized, potentially amplifying the issue.

Supreme Court’s Hearing Schedule:

• A bench comprising Justices Surya Kant and Ujjal Bhuyan will hear the matter on October 15. The Court will address Sharad Pawar’s request for the rival faction to use a different symbol for the Maharashtra Vidhan Sabha elections.

Court’s Concerns Regarding ECI’s Decision:

• During a March hearing, the Supreme Court had raised oral concerns about the ECI’s rationale in recognizing the Ajit Pawar group as the official NCP. The Court questioned whether applying the test of legislative majority could encourage political defections and undermine voters’ choices.
• The Court orally remarked that such decisions might make a mockery of the democratic process by failing to reflect the voters’ original intent.

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

Legal Wires

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