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SC said- Ajith's NCP party should stand on its own feet: separate your identity, fight for it; Do not use photos-videos of Sharad Pawar in election campaign

The Supreme Court on Wednesday heard the dispute over the election symbol of the National Congress Party (NCP). The court told the NCP Ajit Pawar faction that you have your own distinct identity, you should contest Maharashtra elections based on that.

A bench of Justice Suryakant and Justice Ujjwal Bhuyan heard the case. Senior advocate Abhishek Manu Singhvi, appearing for NCP Sharad Pawar, showed photos of social media posts and posters and told the bench that NCP Ajit Pawar had published all these in violation of the court order.

Arguments of Sharad group and Ajit group in the court room

  • Allegation of Sharad Group: Singhvi said Ajit Pawar group candidate Amol Mitkari has released a video in which Sharad Pawar is seen. Singhvi argued that she was contesting the election using Sharad Pawar's image and reputation.
  • Answer from Ajit group: All these documents are fake.
  • Fall Group: This is posted from the official handle of Amol Mitkari.
  • Supreme Court: Justice Suryakant asked Sharad Pawar's group, “Do you think people in Maharashtra are not aware of your controversy? Do you think people in rural areas will be affected by social media posts?”
  • Fall Group: Singhvi said, “This is the new India. Whatever we have seen here in Delhi, rural India has seen most of it. If the Supreme Court gives a direction, the other side is bound to follow it.”
  • Fall Group: Ajit Pawar group is projecting that there is still a bond between Sharad Pawar and Ajit, so vote for Ajit Pawar. This vote will belong to the undivided Pawar family. It is worth mentioning here that there is a direct contest between the group of Ajit Pawar and Sharad Pawar on 36 seats.
  • Supreme Court: Justice Suryakant told NCP Ajit Pawar, “Whether this is an old video or not, Ajit Pawar, there is a difference of ideology between you two. You are fighting Sharad Pawar directly. You should stand on your own feet.”

Said in the last hearing – don't waste time, elections are going on, go and attract voters In the last hearing, the Supreme Court had advised the NCP of Ajith and Sharad Pawar not to waste their time in court, but go to the polls and woo the voters. The court asked Ajith's group to publish a disclaimer in newspapers within 36 hours that the clock election symbol case is in court.

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The Sharad Pawar group filed the petition Sharad Pawar's group filed a petition on the election symbol controversy. It said that Ajith's group is not complying with the court order, so it should be stopped from using the clock symbol in the Maharashtra assembly elections. Ajit also talked about instructing the group to apply for a new symbol.

The Supreme Court gave relief to the Ajit Pawar group on October 24. The court said that the NCP (Ajit group) can use the clock symbol in the upcoming Maharashtra assembly elections, but they have to write in the election banners and posters that it is a matter for dispute and judge.

Justice A bench of Justice Suryakant, Justice Dipankar Dutta and Justice Ujjwal Bhuyan also directed Ajit Pawar's counsel to file a fresh affidavit. It has also warned that the court itself will initiate contempt proceedings if the order is violated.

Justice Suryakant told Ajit Pawar's lawyer Balveer Singh that once we issue instructions, they have to be followed. You file a reply and give a fresh affidavit that you have not committed any violation in the past and will not commit any violation in the future. We expect both parties to follow our instructions. Don't create an embarrassing situation for yourself.

On 22 January, the Election Commission issued a trumpet playing man logo to the Sharad group.

Last 5 hearings related to NCP's election symbol…

  • 6 November: The Supreme Court said – when the election is going on, how can the court stop Ajit Pawar from using the clock election symbol. Ajit also asked the group – why are you taking time to publish disclaimers in newspapers. Within 24 hours or maximum 36 hours, you publish the disclaimer in newspapers.
  • October 24: The Supreme Court directed that Ajith's National Congress Party (NCP) can use the 'clock' symbol in the upcoming Maharashtra assembly elections, but they will have to mention it in election banners and posters, which is the subject of controversy. and is pending in court.
  • April 4: The Supreme Court directed that the Sharad Pawar group will only use the name NCP (Sharad Pawar) and the symbol of a person playing a turha (trumpet). The court said- In other words, the petitioner Sharad Pawar or his supporters shall not use the clock symbol.
  • March 19: The Supreme Court approved NCP Sharad Chandra Pawar's election symbol 'Man Blowing Trumpet'. Ajit Pawar group was asked to publicly advertise in English, Hindi and Marathi newspapers that their election symbol Ghari case is pending in court. The final decision will be taken only after the court hearing. NCP Ajit Pawar will also have to mention in every template, advertisement, audio-video clip that the clock election symbol is under consideration in court.
  • March 14: Supreme Court told Ajit Pawar – Ajit Group should write that they will not use Sharad Pawar's photo. The court said – now you are a separate party, create your separate identity. Also asked to file the answer by March 18. The bench ordered the Ajit group to give an unconditional written undertaking that they would not use Sharad Pawar's photograph.
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Voting in Maharashtra on 20th November, counting on 23rd November The Election Commission announced the date of Maharashtra assembly elections on October 15. All 288 seats in the state will go to polls in a single phase on November 20. The result will come on November 23.

What is the whole matter…

February 6: Election Commission deems Ajit group to be de facto NCP, Sharad approaches Supreme Court Supporters of Ajit Pawar celebrate at the NCP office in Mumbai after the Election Commission's decision on February 6. On February 6 this year, the Election Commission declared Ajit Pawar's faction as the de facto NCP. Also, the commission asked Sharad Pawar to submit three names for the new political party by 4 pm on February 7.

The Election Commission gave this decision after 10 hearings lasting 6 months. The panel said that a majority number of MLAs helped the Ajit group to get NCP's name and election symbol. Against which party founder Sharad Pawar filed an application in the Supreme Court. On February 16, the Supreme Court accepted Sharad Pawar's plea for urgent hearing.

February 15: Maharashtra Assembly Speaker calls Ajith's group the real NCP Maharashtra Assembly Speaker Rahul Narvekar was ordered by the Supreme Court to give a verdict on the disqualification of NCP MLAs by February 15. On 15 February, Narvekar recognized the Ajit Pawar faction as the de facto NCP. He also rejected the demand for disqualification of MLAs from the Ajit group.

The speaker said that the anti-defection law in the Tenth Schedule of the Constitution cannot be used to suppress internal dissent. When the NCP split in July 2023, the Ajit Pawar faction had an “overwhelming MLA majority” of 41 out of 53 MLAs.

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Ajith had said on July 5- Now I am the NCP chief

  • Ajit Pawar joined the Shinde government in Maharashtra on 2 July 2023 along with 8 NCP MLAs. He claimed the support of 40 NCP MLAs with him. Ajith was made Deputy CM in the coalition government.
  • Following this, Ajith announced on 5 July 2023 the removal of Sharad Pawar as the NCP National President. He declared himself the new National President. Ajith said the decision was taken at the party's national executive meeting in Mumbai on June 30, 2023.
  • Ajit Pawar had sent a letter to the Election Commission on June 30, expressing his claim on the NCP nomination. At the same time, Sharad group leader Jayant Patil had on July 3 sought the disqualification of 31 MLAs, including nine ministers, including Ajith.
  • Ajith claimed on 30 June that he has a majority, so he has power over the party. By applying to the commission, Ajith presented more than 9 thousand documents.

In the hearing held on July 29, the court sought a response from Ajith's group The Sharad group petitioned the Maharashtra Assembly Speaker declaring Ajith's group as the de facto NCP. The case was heard by a bench of Chief Justice DY Chandrachud, Justice JB Pastorwala and Justice Manoj Mishra. The court sought a response from Ajit Pawar and 40 MLAs from his group in this matter.

Senior advocate Abhishek Manu Singhvi, appearing for the Sharad group, sought an early hearing arguing that the term of the assembly will end in November. On this, the bench said that this petition of the Sharad group will be heard after the hearing of the similar petition filed by the Uddhav Thackeray group.

CJI said that we will issue a notice and finally all objections will be heard. Other defendants are also at liberty to serve dasti (method of giving notice). In fact, the Uddhav Thackeray faction has even filed a petition in the Supreme Court against declaring Chief Minister Eknath Shinde and his faction as the genuine Shiv Sena.

NCP limited to only 2 states The NCP was stripped of its national party status on April 10, 2023 based on the current election results of 2000. Now it is recognized as a regional party only in Maharashtra and Nagaland.

Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).

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