New Delhi: The Supreme Court on Thursday questioned the Ajit Pawar faction, which has been officially recognised as the Nationalist Congress Party (NCP) by the Election Commission of India, as to why it is using veteran leader Sharad Pawar's photos for campaigning.
A bench of Justices Surya Kant and KV Viswanathan also asked the Ajit Pawar group to file an undertaking that they will not directly or indirectly use the name of Sharad Pawar.
It further suggested that the Ajit Pawar group use a symbol other than the 'clock' for elections so that there won't be any confusion.
The bench told counsel appearing for Ajit Pawar faction, "You are a different political party now. You have chosen not to be with him. Now stick to this. Why to use his (Sharad Pawar) picture... Go with your own identity now..."
The apex court also issued notice to the Ajit Pawar faction and sought its reply by Saturday on an application of the Sharad Pawar group on 'misuse' of name, and pictures to appeal voters.
The apex court fixed the application for further hearing on March 19.
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During the hearing, senior advocate Abhishek Manu Singhvi appearing for the Sharad Pawar faction told the bench about posters on display by the Ajit Pawar faction having the 'clock' symbol and an image of Sharad Pawar.
"This is blatant patent deception, riding piggyback on my goodwill," Singhvi said.
He further contended, "Democracy, fair and free elections, are part of the basic structure. If they are so confident to win the elections, then let them do that on their own."
To this, Justice Kant asked senior advocate Maninder Singh, who was appearing for the Ajit Pawar group, "Why are you using his (Sharad Pawar's) photographs? If you are so confident, then use your photographs?"
Singh replied that the party was not doing it and some stray members might have done it.
The bench told Singh, "Then who is responsible? You give an undertaking that you will stop all your members from using his (Sharad Pawar) photo... It is for you to control your workers."
The top court also asked Ajit Pawar's faction to give an undertaking that they will not use Sharad Pawar's photos.
"We need a categorical and unconditional undertaking that the name and pictures of Sharad Pawar will not be used," the bench said.
It said that ideally, both factions should issue public notices to establish their new identities.
Singhvi also objected to the ECI allowing the 'clock' symbol to the Ajit Pawar group and told the apex court that a new symbol should have been allotted to them after the split in the party.
"I have a new symbol. Let them (Ajit Pawar faction) use any symbol other than the 'clock'. The 'clock' is inextricably linked with Sharad Pawar's identity," Singhvi said.
To this, the bench suggested that the Ajit Pawar faction use a different symbol and pointed out that the Election Commission's order against the grant of the 'clock' symbol to the Ajit Pawar faction is under challenge before the Supreme Court.
"Tomorrow suppose we set aside this order? And let's say we do this in the middle of the election. What will happen?" Better to select a symbol other than this and use it for elections," said the bench.
Earlier, the apex court had directed that the Election Commission's order of February 7 allotting 'Nationalist Congress Party-Sharadchandra Pawar' as the party name for the Sharad Pawar faction will continue till further orders. (ANI)
