Observing that the name and photographs of Sharad Pawar cannot be used by the Ajit Pawar faction for political gains, the Supreme Court on Thursday sought a response from the Nationalist Congress Party (NCP) faction led by the Maharashtra deputy chief minister on a plea of the veteran Maratha leader alleging misuse of his popularity by the rival camp.
The top court took note of the submissions of senior advocate Abhishek Singhvi, appearing for Sharad Pawar, that the faction-led by his nephew Ajit Pawar was 'riding piggyback on his good will' and the Maratha stalwart did not need 'left handed compliments' from rivals.
"Once you (Ajit Pawar faction) have chosen to go separate ways, then you use your own identity only," a bench comprising Justices Surya Kant and K V Viswanathan told senior advocate Maninder Singh, appearing for the camp led by the deputy chief minister.
"We need a categorical and unconditional undertaking that the name, pictures of Sharad Pawar will not be used (by your party)," the bench said, adding an affidavit to this effect be filed by this Saturday.
The bench listed the plea for further consideration on March 19.
"Now, you two are two different entities and so you use your own identity only," Justice Kant told the faction led by Ajit Pawar.
"We need a categorical undertaking from you that there shall be no overlapping in your political party. You can issue a public notice with a wide publicity that as far as you are concerned you are not (politically) related to him," the bench said.
A senior lawyer appearing for the Ajit Pawar group claimed there might have been unverified and random misuse of the name and pictures of the veteran leader just to malign the deputy chief minister's political outfit.
The bench said it will consider these submissions at the next hearing.
At the outset, senior advocate Mukul Rohatgi, also appearing for the Ajit Pawar group, said the main plea of Sharad Pawar against the February 6 order of the Election Commission recognising the Ajit Pawar faction as the real NCP was already listed next week and the two issues can be taken up together 'to avoid duplication'.
Singhvi opposed the submission, saying there was no duplication as here the issue of misuse of the goodwill of Sharad Pawar has cropped up.
"I have a minimalistic request. How can you (Ajit Pawar faction) use the clock (the poll symbol of original NCP) and also Sharad Pawar's photograph. This is a deception," Singhvi said.
He referred to the alleged statement of a senior leader of the Ajit Pawar group that photographs of Sharad Pawar and the 'clock' symbol can be used for gaining political benefit in rural areas.
"Look at these posters. There is the clock and there is Sharad Pawar's photo. It is what is called a left-handed compliment to me. I do not want a left-handed compliment," Singhvi said, adding 'Free and fair election is a part of democracy and hence the part of basic structure of the Constitution'.
"To this extent, he (Singhvi) is right. Why are you using his (Sharad Pawar's) photographs? If you are so confident, then use your own photographs," the bench said.
It asked the Ajit Pawar faction to control its workers.
"When election comes, you (Ajit Pawar group) need his name... since now you have an independent identity, you must proceed with that only," the bench said.
Earlier, the top 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.
It had also sought a response from the Ajit Pawar faction on Sharad Pawar's plea against the February 6 order of the poll panel recognising the Ajit Pawar-led bloc as the real NCP.
The bench, which appeared critical of the EC's February 6 order, said, "The order says both of you (factions) violated the party constitution, both of you went against the 'aims and objective' and yet no one is disqualified. Just imagine what would happen to the voters who voted for you."
Maharashtra Assembly Speaker Rahul Narwekar had on February 15 held that the NCP faction led by Ajit Pawar was the real NCP and that the anti-defection law cannot be used to stifle internal dissent.
The speaker had dismissed the disqualification petitions filed by the two factions against each other's legislators.
Narwekar noted that the Ajit Pawar group had an "overwhelming legislative majority" of 41 out of 53 party MLAs when it decided to join the Shiv Sena-BJP government in Maharashtra in July 2023.
The Ajit Pawar group was, thus, the 'real political party' when the factions emerged, the speaker said.
The Election Commission had on February 7 declared the Ajit Pawar faction as the real NCP and also allotted the party's 'clock' symbol to the group.
Pawar senior had founded the NCP with former Lok Sabha speaker Purno Sangma and Tariq Anwar in 1999 after their expulsion from the Congress.
