The Supreme Court has directed NCP Ajit Pawar to release a new advertisement that clearly shows a disclaimer on the party symbol.
The Supreme Court has instructed the Ajit Pawar group of the Nationalist Congress Party to publish new ads in a “prominent part” of newspapers, particularly local ones, to clarify that the traditional NCP ‘clock’ symbol is currently under legal review. The Bench, which includes Justice Surya Kant, Justice Dipankar Datta, and Justice Ujjal Bhuyan, mandated that the Ajit Pawar group must print an “exclusive disclaimer” about the ‘clock’ symbol in a prominent position in newspapers, especially in Marathi, within 36 hours. The senior lawyer for the faction indicated that they plan to release new ads featuring the Court-ordered disclaimer. This disclaimer, required by the Court for campaign materials, notes that there is an ongoing legal dispute between the Ajit Pawar and Sharad Pawar factions regarding the use of the ‘clock’ symbol. The ‘clock’ symbol is currently held by the Ajit Pawar faction, while the Sharad Pawar faction uses the symbol of a ‘man blowing turha’ (a traditional trumpet). In the previous hearing on October 24, the Court had instructed the Ajit Pawar faction to strictly follow its March 19 Order.
Senior Advocate Dr. Abhishek Manu Singhvi, representing the Sharad Pawar faction, stated that the other faction is aware of the advantages of using Sharad Pawar’s name and the clock symbol. He urged them not to rely on his faction’s reputation and to choose a different symbol. Dr. Singhvi emphasized that the Court’s arrangement was meant to ensure fair elections and a level playing field. He questioned what would happen if the clock symbol was misused, suggesting that he might have to return to the Court daily during the elections if its orders were ignored. Senior Advocate Balbir Singh, representing the Ajit Pawar faction, argued that it is now too late to change the party symbol since both factions have already filed their nominations for the elections.Dr. Singhvi urged the Court to think about whether the use of the ‘clock’ symbol could mislead people and create an unfair situation.
Justice Surya Kant questioned, “You publish your ads daily. Why is there a delay in sharing the disclaimer?” Senior Advocate Balbir Singh responded that every ad and scheme includes a disclaimer. He accused the Sharad Pawar faction of trying to disrupt the election process by making false claims about breaching the Court’s orders regarding the disclaimer. “There is no non-compliance. They have taken photos with backgrounds where the disclaimer is not visible.” Advocate Pranjal Agarwal, representing the Sharad Pawar faction, claimed that the Ajit Pawar faction had erased evidence. “They deleted videos we submitted as proof showing the absence of the disclaimer. Yet, in their response, they said these videos always included it. If that’s true, why delete them?” He alleged that individuals linked to Ajit Pawar were using old videos of Sharad Pawar with a ‘clock’ symbol added, suggesting Ajit Pawar is a strong candidate.
Justice Surya Kant responded, “You claim there is a violation and non-compliance. What is your proposed solution?” The lawyer for Sharad Pawar replied that the Court’s suggested solution regarding disclaimers is not practical because “bad faith actors cannot be monitored.” He then requested the Bench to instruct the Ajit Pawar faction to apply for a new symbol, citing “widespread confusion” among voters. The Bench asked the Ajit Pawar faction about a party hoarding submitted by Sharad Pawar, which included a newspaper from November 1, 2024. Justice Datta asked Balbir Singh, “Where is the disclaimer in this?” Balbir Singh responded, “I don’t know where this photo came from. My side hasn’t been heard.” He then presented images of hoardings and campaign materials that included the disclaimer.
Cause Title: Sharad Pawar v. Ajit Anantrao Pawar And Anr. [SLP(C) 4248/2024]
