New Delhi, Feb 19: The Supreme Court on Monday directed that 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.
A bench of Justices Surya Kant and K V Viswanathan sought response of Ajit Pawar-led faction on a plea of Sharad Pawar against the February 6 order of Election Commission recognising the Maharashtra deputy chief minister-led group as the real Nationalist Congress Party (NCP).
“We would like to examine the matter,” the bench said as it issued notice to the Ajit Pawar led-faction.
The bench gave liberty to Sharad Pawar to move the Election Commission for allocation of the party symbol and directed the poll panel to allot it in one week of the application.
The bench, which appeared critical of the EC’s February 6 order on recognising the real NCP, 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.” During the hearing, Justice Viswanathan, while referring to the recent situation in Pakistan, said, “At some stage, let the voter have some say. It will cause chaos. I don’t want to draw an analogy but If you’re following the elections from across the border, the whole thing happened because someone wanted the ‘bat’ symbol and it was not given.” Senior advocate Abhishek Singhvi, appearing for Sharad Pawar, said the order passed by the Election Commission on February 7 is an interim arrangement made by the poll panel for Rajya Sabha elections till February 27.
“The budget session of Maharashtra assembly is scheduled to start from February 26 and our group will be without any name or symbol after February 27,” he submitted.
The senior lawyer further contended “the order said that Ajit Pawar side is the real NCP, which we will contest at a later stage but for Rajya Sabha elections, Sharad Pawar can use the name as a one-time measure. After February 27, technically I will be nameless, symbol less and will be bound to obey the whip of Ajit Pawar”.
The bench told Singhvi that it cannot regulate the proceedings of the House.
Singhvi said he is not seeking any such direction but only asking for a directive that the EC’s order of February 7 should be continued till the general elections are over and a party symbol be given because by the end of this month pamphlets and banners for the upcoming polls will start printing.
Singhvi added that there is a constitution bench verdict on a similar issue in ‘Shiv Sena’ matter.
Senior advocate Mukul Rohatgi, along with advocate Abhikalp Pratap Singh, for Ajit Pawar faction on a caveat said that the constitution bench verdict on ‘Shiv Sena’ was entirely on different facts and there is no similarity with this case.
The bench said that no one challenged the concession given by EC for one-time option in view of the Rajya Sabha elections and the relief was given by the poll panel on its own. (PTI)
Sharad Pawar can use ‘NCP-Sharadchandra Pawar’ name till further orders, says SC
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