The Supreme Court on Thursday directed Ajit Pawar to file an undertaking, stating that the ‘clock’ symbol used by the Nationalist Congress Party (NCP) in its posters for the upcoming Maharashtra Assembly elections, would contain a disclaimer that its use was a matter of contest in Court and subject to the final outcome of the petition filed by Sharad Pawar.
Ahead of the Lok Sabha elections, the Apex Court had directed NCP twice, on March 19 and April 4, to include a disclaimer in all the campaign materials that the use of ‘clock’ symbol is sub-judice.
The Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan today issued notice on an application filed by Sharad Pawar group seeking to restrain the Ajit Pawar group from using the ‘clock’ symbol in the upcoming Maharashtra Assembly elections on the grounds of violation of the conditions set by the Court.
The Sharad Pawar group further sought directions for the Ajit Pawar group to apply for a new symbol to contest the Vidhan Sabha elections.
The Apex Court today directed Ajit Pawar to file a reply along with a reiteration of earlier undertaking to the effect that directions in the previous orders shall be meticulously complied with, even during the process of state Assembly elections.
It further warmed of initiating suo motu contempt in case its orders were violated, and listed the matter for further hearing on November 6.
Appearing for the Sharad Pawar group, Senior Advocate Abhishek Manu Singhvi contended that nobody should enjoy the goodwill of a sub-judice symbol.
He said the NCP (Ajit Pawar) was not displaying the requisite disclaimer in their campaign materials. Since they have not complied with the conditions imposed by the Court, they should be restrained from using the clock symbol, Singhvi argued.
Appearing for Ajit Pawar, Senior Advocate Balbir Singh refuted Singhvi’s arguments and claimed that all pamphlets & campaign materials had the disclaimers as mandated by the Supreme Court. He offered to produce all materials before the Court and sought time to do the same.
Submitting certain screenshots of posters from the official ‘X’ handles and Facebook pages of NCP and Ajit Pawar, the Singhvi contended that they were not compliant with the Supreme Court order. He also referred to a picture of the NCP party office (in Mumbai), taken by his associate Advocate Pranjal Aggarwal, showcasing a banner without a disclaimer.
Singh objected to Singhvi handing over the documents to the Bench across the Bar without giving him an adequate opportunity to respond.
The Apex Court asked whether the materials (collected by Singhvi’s associate) could be regarded as “legal evidence” for the Court to act.
The Bench told Singh that once it has issued a direction, it has to be complied with.
Singh was directed to file a response and a fresh undertaking that they have neither violated the Apex Court directions in the past, nor would do so in future.
Noting that it expected both sides to comply with its directions, the Bench warned of suo motu contempt, in case there were deliberate attempts to violate its order
Singh then submitted that the Court should direct Sharad Pawar as well to file an undertaking that his faction was complying with the conditions imposed on it. Singhvi expressed readiness to do so. However, the Be5nch pointed out to Singh that his side has not filed any application alleging non-compliance by the other side.