Don't create embarrassing situation: Supreme Court on Ajit, Sharad Pawar clash over clock symbol

The Supreme Court on Thursday directed the Ajit Pawar faction of the Nationalist Congress Party (NCP) to file an undertaking that it will abide by earlier orders to add disclaimers in election advertisements clarifying that the use of the "clock" symbol is subject to the top court's final say in an ongoing case [Sharad Pawar v. Ajit Anantrao Pawar and anr].

A Bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order on a plea filed by the rival Sharad Pawar-led NCP faction.

The Sharad Pawar faction claimed that Ajit Pawar has engineered 'large scale confusion' in the minds of voters by using the clock symbol without any disclaimer.

Notably, amid a court battle between the two factions on who is the 'real' NCP, the Sharad Pawar faction was earlier asked to use a tutari (trumpet) symbol in its election campaigns for now.

The Court today urged both rival parties to abide by its earlier directives to prevent any embarrassment for either side.

"Please file a fresh undertaking as well that you will not violate our directions present as well as till the end of elections. We expect both sides to comply our directions. Please don't create an embarrassing (situation) for both of you," Justice Kant said.

The Court has also issued notice on an interim application filed by the Sharad Pawar faction which has called for the Ajit Pawar camp to be allotted a new symbol for the upcoming Maharashtra State Assembly elections instead of the clock.

Appearing for the Sharad Pawar faction, Senior Advocate AM Singhvi argued that the Ajit Pawar faction was misusing the clock symbol without any disclaimer and canvassing for votes by misleading voters into believing that it is associated with the Sharad Pawar faction.

Singhvi argued that this was in violation of the Court's earlier directive to add a disclaimer in election advertisements by the Ajit Pawar faction featuring the clock symbol.

"There is no disclaimer from their (Ajit Pawar faction) side. Today they have included the disclaimer after they came to know that matter is listed today," Singhvi said today.

He contended that the Ajit Pawar faction must be restrained from using the clock symbol while the Supreme Court gives a final verdict on which faction is the real NCP.

"Nobody should enjoy the goodwill of the symbol which belongs to us. The undertaking given them is being defied. Do not give me (Sharad Pawar faction) or them (Ajit Pawar faction) the clock. Give them other symbol like we have," Singhvi argued.

Representing the Ajit Pawar faction, Senior Advocate Balbir Singh denied the Sharad Pawar faction's allegations and countered that Singhvi was only showing cropped images to support his allegations.

"They are using false documents. We have given disclaimers...If my friend is showing half pictures and cutting the other part where disclaimer is there, how should I answer that?" Singh asked.

The matter will be heard next on November 4.

The Supreme Court had in March this year permitted the Ajit Pawar faction to use the clock symbol for the 2024 parliamentary elections and Maharashtra State elections, albeit with certain conditions.

This was after the Election Commission recognised the Ajit Pawar faction as the real NCP following a split in the party.

The Sharad Pawar faction challenged the ECI decision before the Supreme Court, which chose to allow Ajit Pawar to retain the symbol until the Court decides which faction should be recognised as the real NCP.

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