Supreme Court Orders NCP to Clarify ‘Clock’ Symbol Ownership in Disclaimer

Within 24 hours, maximum 36 hours, you publish disclaimer in newspapers and make sure whatever you are relying upon, is there.

Ajit-Pawar-led NCP clock symbol
by TDG Network - November 6, 2024, 5:46 pm

The Supreme Court has directed the Ajit Pawar-led Nationalist Congress Party (NCP) to publish disclaimers in newspapers, including Marathi dailies, within 36 hours, stating that the use of the ‘clock’ symbol remains a sub-judice matter. This directive was issued by a bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan.

Senior advocate Balbir Singh, representing Ajit Pawar, assured the court that the disclaimers would be published within the stipulated timeframe. Initially, Singh mentioned that the NCP was complying with all conditions imposed by the Supreme Court regarding the use of the ‘clock’ symbol and had contacted newspapers to publish a fresh undertaking, estimating a two to three-day timeframe for publication. However, the bench emphasized the urgency, stating, “Within 24 hours, maximum 36 hours, you publish disclaimer in newspapers and make sure whatever you are relying upon, is there,” Justice Kant told Singh.

Counsel for Sharad Pawar submitted that the Ajit Pawar faction was allegedly destroying evidence by deleting videos uploaded on social media without the required disclaimers. They presented photographs from November 1, taken in the Baramati constituency, showing that posters from the Ajit Pawar side lacked disclaimers. The counsel added that the senior Pawar’s faction is being forced to approach the court repeatedly due to the alleged violations by the Ajit Pawar faction.

A fresh application was filed by the Sharad Pawar group, alleging violations of the conditions by the Ajit Pawar faction. On March 19, the Supreme Court allowed the Ajit Pawar faction to use the ‘clock’ symbol with certain conditions, including issuing a public declaration that the use of the ‘clock’ symbol for Lok Sabha and Maharashtra Assembly Elections is sub-judice and subject to the outcome of the challenge made by the Sharad Pawar group to the Election Commission of India’s (ECI) decision. The court also directed the Ajit Pawar faction not to use the name and images of Sharad Pawar in its campaign materials.

Following a rift between the Sharad Pawar and Ajit Pawar factions of the NCP, the ECI recognized Ajit Pawar’s party as the real NCP based on its legislative majority and allotted the ‘clock’ symbol to it. The Supreme Court had asked the Sharad Pawar faction to use the name ‘Nationalist Congress Party-Sharadchandra Pawar’ for upcoming elections and the ‘man blowing turha’ symbol. Earlier, the apex court had directed that the ECI’s order of February 7, allotting ‘Nationalist Congress Party-Sharadchandra Pawar’ as the party name for the Sharad Pawar faction, will continue until further orders.

In a related development, the Supreme Court on October 24, 2024, directed Maharashtra Deputy Chief Minister Ajit Pawar to use the ‘clock’ symbol in its publicity material for the upcoming Maharashtra assembly elections with a disclaimer that the matter is sub-judice before it. The court also directed Ajit Pawar to file a fresh undertaking over its March 19 and April 4 directions to issue a public notice stating that the NCP’s ‘clock’ symbol is sub-judice, ensuring meticulous compliance even during the state assembly elections process.

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The ongoing dispute over the ‘clock’ symbol has significant implications for the NCP’s identity and electoral strategy, highlighting the complexities of party symbols in Indian politics. The Supreme Court’s directives aim to ensure transparency and prevent voter confusion during elections.