NEW DELHI: The Supreme Court on Thursday warned the Ajit Pawar faction not to use Sharad Pawar name and picture in posters and directed Ajit Pawar group to file its detailed responses by Saturday, March 16, in connection with the real NCP (Nationalist Congress Party) case.
The two-judge bench of the Supreme Court, headed by Justice Surya Kant and also comprising Justice K V Viswanathan, who was hearing the appeal filed by Sharad Pawar-led facton, directed the Ajit Pawar group to file an undertaking that they will not directly or indirectly use the name of Sharad Pawar.
The top court also orally suggested that Ajit Pawar group use a symbol other than the 'clock' symbol for elections so that there won't be any confusion, and fixed the matter for further hearing to March 19, Tuesday.
Senior advocate and former Solicitor General (SG) Dr Abhishek Manu Singhvi, appearing for the Sharad Pawar group, submitted that the official faction was using the 'clock' symbol, which is historically associated with Sharad Pawar. He alleged that the Ajit Pawar-led grpup was allegedly using the names and pictures of the Sharad Pawar in campaign materials.
He also pointed out in the top court and read out a statement, purportedly made by Chhagan Bhujbal, that the 'clock' symbol and pictures of Sharad Pawar should be used in posters to lure rural voters.
After hearing the submissions of Dr Singhvi, the top court observed, "why are you (Ajit Pawar faction) using his photographs? If you are so confident, then use your photographs?," Justice Kant told Maninder Singh, senior lawyer and former Additional Solicitor General (ASG) appearing for Ajit Pawar group.
Replying to the court's query, Singh said that the party was not doing it and some stray members might have done it. It was impossible to control all the social media posters used by the workers, he said.
Then the bench said that it is for the party to discipline its members.
The two-judge bench had already in an earlier hearing also issued notice to Ajit Pawar group and sought its reply on the issue.
Sharad Pawar-led faction had on February 12, had knocked the doors of the Top Court challenging the decision of the ECI (Election Commission of India) to recognize Ajit Pawar faction as the real NCP.
Sharad Pawar led faction, in its petition filed before the Top court, challenged the handing over of clock symbol to Ajit Pawar faction, along with other prayers.
The ECI in its order on February 06 ruled Ajit faction is the real NCP and gave clock symbol to it.
The ECI ruled in favour of the faction led by Ajit Pawar in connection with dispute in the NCP.
The ECI order was a major blow to Sharad Pawar and its faction. It is to be noted that the senior NCP leader is one the most influential, effective and charismatic leaders of India.
The ECI applied the test of majority in the legislative wing to determine which of the two factions can claim to be the real NCP.
The poll body noted that the total number of NCP MLAs in Maharashtra State assembly stood at 81. Out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.
In view of this, the commission concluded that the group led by Ajit Pawar enjoyed majority support of the legislators and can lay claim to being NCP.
The NCP was formed on June 1999, by Sharad Pawar, P. A. Sangma (now died), and Tariq Anwar after they were expelled from the Indian National Congress (INC) on May 1999, for disputing the right of Italian-born Sonia Gandhi to lead the party.
