Supreme Court Directs Symbol Reservation for NCP (Sharad Pawar)
Supreme Court issued directives concerning the allocation of party symbols and the use of names in the context of the ongoing dispute within the Nationalist Congress Party (NCP). Here are the key points:
- Declaration Regarding Sub Judice Status: The Ajit Pawar faction of the NCP was directed to publicly declare through newspapers in English, Marathi, and Hindi editions that the use of the ‘clock’ symbol by them is subject to the outcome of legal proceedings. This declaration must be included in all promotional materials issued by the faction.
- Symbol Allocation: The Supreme Court ruled that the ‘man blowing turrah (trumpet)’ symbol would be reserved for the NCP led by Sharad Pawar for both Parliamentary and State Assembly elections. This symbol is exclusively allocated to the Sharad Pawar group and cannot be used by any other political party or independent candidate.
- Undertaking Regarding Use of Names and Symbols: The Ajit Pawar faction agreed to refrain from using the names and pictures of Sharad Pawar in their campaign materials. However, there was no consensus on abstaining from using the ‘clock’ symbol. As a result, the Supreme Court proceeded to hear arguments from the Sharad Pawar group for an interim stay.
- ECI’s Approach Questioned: The bench raised concerns about the Election Commission of India’s method of recognizing factions within political parties based solely on legislative strength, which could potentially encourage defections and manipulate party symbols. The bench questioned whether this approach contradicts the spirit of the Tenth Schedule of the Constitution.
- Legal Arguments: Senior advocates representing both factions presented their arguments, highlighting issues such as the confusion among voters caused by symbol allocation and the interpretation of party strength by the Election Commission.
This ruling by the Supreme Court aims to bring clarity and fairness to the ongoing dispute within the NCP regarding party symbols and leadership. It underscores the importance of transparency and adherence to legal procedures in resolving political conflicts.
[Case Details: Sharad Pawar v. Ajit Anantrao Pawar & Anr. | Special Leave Petition (Civil) No. 4248 of 2024]
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