On November 13, 2024, the Supreme Court intervened in the internal dispute within the Nationalist Congress Party (NCP), instructing the faction led by Ajit Pawar not to use images or videos of Sharad Pawar in campaign materials for the upcoming Maharashtra assembly elections. The directive came from a bench comprising Justices Surya Kant and Ujjal Bhuyan, as the court continued hearing Special Leave Petition (Civil) No. 4248 of 2024, filed by Sharad Pawar to restrict Ajit Pawar’s faction from using the “clock” symbol and his likeness.
Key Court Statements
The Court emphasized that Ajit Pawar’s faction must contest the elections with its own identity, without invoking Sharad Pawar’s image. Justice Kant highlighted the ideological rift between the two groups, stating, “You should try to stand up on your own legs,” and directed the Ajit Pawar group to refrain from “piggybacking” on Sharad Pawar’s reputation.
Justice Kant also noted, “People are wise and know where to vote. But when there is an order of this Court, it has to be faithfully respected.” The Court instructed Ajit Pawar to issue an internal circular informing all candidates not to use Sharad Pawar’s images in their materials.
Allegations and Arguments
Senior Advocate Abhishek Manu Singhvi, representing Sharad Pawar, presented evidence of alleged violations of previous Court orders, including social media posts by Ajit Pawar’s candidate Amol Mitkari featuring only Sharad Pawar. Singhvi argued that Ajit Pawar’s faction was creating a false perception of unity within the Pawar family.
In response, Senior Advocate Balbir Singh, representing Ajit Pawar, denied the allegations and suggested the possibility of “deep fake” images. The Court acknowledged the potential for misuse of artificial intelligence but maintained that compliance with Court orders was mandatory.
Background of the Dispute
Following a 2022 split within the NCP, the Election Commission of India (ECI) recognized Ajit Pawar’s faction as the official NCP, awarding it the “clock” symbol traditionally associated with the united party. Sharad Pawar’s faction challenged this decision, leading to the Supreme Court’s directive that Ajit Pawar’s faction could use the symbol but must publish disclaimers indicating the ongoing legal dispute over the NCP’s identity.
In March 2024, the Supreme Court had permitted Ajit Pawar’s group to use the “clock” symbol under the condition of publicly acknowledging its sub-judice status. The Court had also directed Sharad Pawar’s faction to adopt a new identity, “NCP (Sharad Pawar),” with the symbol “man blowing turha (trumpet).”
Court’s Position on Election Symbol and Compliance
With Maharashtra elections nearing, Sharad Pawar sought further restrictions on Ajit Pawar’s group’s use of the “clock” symbol. While the Court refrained from ordering an immediate change of symbols, it maintained that Ajit Pawar’s faction must respect prior orders and conduct its campaign independently of Sharad Pawar’s image.
This ruling underscores the Supreme Court’s firm stance on upholding its directives and ensuring that factions abide by clear identities, preventing misuse of reputational influence in electoral campaigns. The dispute is part of the larger case Sharad Pawar v. Ajit Anantrao Pawar & Anr., which continues to address the legacy and ownership of the NCP’s symbols and identity within the framework of Indian electoral law.
Lawcutor 