Supreme Court Asks ECI To Reserve 'Trumpet' Symbol For NCP(Sharad Pawar); Directs NCP To Declare That 'Clock' Symbol Is Sub Judice

The Supreme Court on Tuesday (March 19) directed that the Ajit Pawar faction should make a public declaration that the use of the 'clock' symbol by it for the ensuing Lok Sabha and the Maharashtra Assembly Elections is sub-judice and subject to the outcome of the challenge made by the Sharad Pawar group to the decision of the Election Commission of India (ECI) recognizing Ajit Pawar faction as the real Nationalist Congress Party (NCP).

"The respondents(NCP-Ajit Pawar) are directed to issue a public notice in the newspapers in English, Marathi, Hindi editions notifying that the allocation of the 'clock' symbol is sub judice and the respondents shall be permitted to use the same subject to the final outcome of the proceedings. Such a declaration shall be incorporated in every template, advertisement, audio or video clip issued on behalf of the respondent political party," the Court ordered.

The Court further directed that the Sharad Pawar group will be entitled to use the name 'Nationalist Congress Party – Sharad Chandra Pawar' and 'man blowing turrah(trumpet)' symbol for Lok Sabha and State Assembly elections. Previously, the Election Commission of India had allowed the Sharad Pawar group to use this name for the purpose of the Rajya Sabha Elections held in February.

The Court also directed that the symbol "man blowing turha(trumpet)" symbol will be a reserved symbol for NCP (Sharad Pawar) for the Parliamentary and State Assembly Elections and that it shall not be allocated to any other political party, independent candidate and the same shall not be used in any manner by the respondents(NCP-Ajit Pawar) in the ensuing elections. The Election Commission of India and the State Election Commission of Maharashtra were directed to take necessary actions in this regard.

The Court also directed that the undertaking made by the NCP to not use the name and pictures of Sharad Pawar in election posters will apply not just to the State of Maharashtra but also to other States.

A bench comprising Justices Surya Kant and KV Viswanathan passed these interim directions while hearing a Special Leave Petition filed by the Sharad Pawar group challenging the February 6 decision of the Election Commission to officially recognize Ajit Pawar group as the real NCP and allot the party symbol 'clock' to them.

On the previous day, after hearing the objections raised by the Sharad Pawar group,  the Court had asked the Ajit Pawar group to refrain from using the name and pictures of Sharad Pawar in election posters. The Court had also suggested that the Ajit Pawar faction use any other symbol other than the 'clock symbol'.

Bench questions the ECI's approach

During the hearing, the bench asked whether the Election Commission of India's approach of using the "legislative majority test" to recognise the Ajit Pawar would amount to approving a split in the party. Justice KV Viswanathan pointed out that when the Election Symbols Order was framed in 1968, the 10th schedule was yet to be enacted. The Tenth Schedule of the Constitution was later amended to remove the ground of 'split' and the only defence is 'merger'.

"In that scenario, when the Election Commission is recognizing a faction only on the basis of legislative strength and not organisational strength, is it not recognizing a split, which is no longer approved under the tenth schedule? That way, you can engineer defections and claim the party symbol. Will it not be a mockery of the voter?," Justice KV Viswanathan asked Senior Advocate Mukul Rohatgi who was appearing for the Ajit Pawar group.

Justice Surya Kant supplemented by saying, "It is not what the tenth schedule has intended."

Senior Advocate Abhishek Manu Singhvi, appearing for the Sharad Pawar group, argued that the 'clock' symbol was traditionally associated with Sharad Pawar and hence, the use of the same symbol by the other faction will confuse the voters, especially in the rural regions. Singhvi also stated that the new symbol of 'trumpet' allotted to the Sharad Pawar group is yet to be registered in the minds of the voters. He also underscored that it was not a reserved symbol and hence rival parties or candidates can also get the same, thereby creating further confusion among the voters.

Singhvi argued that the Election Commission of India went by the sole test of 'legislative majority' to ascertain which group was the real party and the test of 'organisational majority' was not adopted. Had the organisational strength been taken, Sharad Pawar group would have been the real NCP, Singhvi claimed, adding that the order in favour of the Ajit Pawar group is only the basis of the strength of defected legislators. He submitted that the approach of the Election Commission is contrary to the Constitution Bench of the Supreme Court judgment in the Subhash Desai case (Shiv Sena dispute) which held that 'legislative majority' was not an appropriate test to determine the real party when two rival factions have emerged after a split.

When the bench observed that the voters were conscious and intelligent, Singhvi said that even a confusion among 2%-5% of the voters can skew the results and affect a level playing field.

In his turn, Senior Advocate Mukul Rohatgi, appearing for the Ajit Pawar group, submitted that there is no question of factions anymore with the ECI accepting the Ajit Pawar group as the official NCP. Therefore, there is only the NCP and a breakaway group, which is the Sharad Pawar supporters.

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

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