SHARAD PAWAR APPEALS TO SUPREME COURT OVER 'CLOCK' SYMBOL USAGE BY NEPHEW'S PARTY TO ENSURE ELECTORAL FAIRNESS
Category: Legal News
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BACKGROUND
In July 2023, Ajit Pawar along with several other MLAs joined the Shiv Sena-BJP government, leading to a split in the Nationalist Congress Party (NCP) founded by his uncle, Sharad Pawar.
The NCP, founded by Sharad Pawar, had 'clock' as its election symbol before the split. Ahead of the 2024 Lok Sabha elections, the Election Commission allotted the NCP name and the 'clock' symbol to Ajit Pawar camp in the month of February. The ECI’s order has already been challenged in the Supreme Court. Oral observations in early hearings indicated that there some doubts about the legislative majority test adopted by the ECI while recognizing Ajit Pawar faction as the NCP and allotting the ‘clock’ to the group.
Following the split in the NCP and the Election Commission’s declaration that the Ajit Pawar camp was the ‘real’ NCP, the dispute over the ‘clock’ had reached the Supreme Court. The court had in a March 19 order allowed Mr. Ajit Pawar to continue to use the ‘clock’ till the final outcome of the pending proceedings. Sharad Pawar faction was allowed to use 'Nationalist Congress Party-Sharadchandra Pawar' as its name and ‘man blowing turha' (a traditional trumpet) as its symbol by the Supreme court. The top court had earlier observed that the name and photographs of Sharad Pawar cannot be used by the Ajit Pawar faction for political gains.
KEY ASPECTS
RESTRAIN USAGE OF EXISTING PARTY SYMBOL
The party founder can file an application seeking to restrain the member of party to use the old symbol for upcoming assembly elections as in the previous general elections (Lok Sabha elections) it had created the immense confusion and dilemma among the registered voters. It can lead to unfair electoral gains or loss to other party.
REDIRECT PARTY FACTION TO ECI FOR NEW SYMBOL
When the faction of the party comes across the old symbol of party used, then such grievance can be raised in the court of law. Failure to address can pose a challenge to ability of the parties to maintain organizational unity in the face of attempts to split them through defection and rebellion.
NEW ELECTION SYMBOL TO AVOID CONFUSION
There is a need for unique election symbols when contesting elections from the same constituency in order to avoid confusion among the voters and especially when the constituency is of smaller size.
IMPORTANCE OF FAIRNESS AND CLARITY DURING ELECTIONS
To ensure fair contest and prevent any bad faith actors from exploiting voter confusion, the need to use different symbols apart from the ones which is existing. This ensures the sacrament of democracy is retained.
ROLE OF ELECTION COMMISSION OF INDIA
It is the role of the constitutional body to be independent and carries the power to recognize the party and allocate the new symbol for the party. The process and functions of ECI are ensured to be transparent and fair to any party or the faction of the party contesting the elections.
ROLE OF SUPREME COURT IN ELECTIONS
The court will have to decide whether to have the level playing field by denying the ‘clock’ symbol on both the sides, or let the recognised faction use the symbol as long as the ECI order is in force.
CONCLUSION
The individuals and the party most of the times depend on the Speaker with respect to Anti-Defection Law and the ECI, which provides recognition to parties and allots the symbols. Both institutions seem to need the Supreme Court to keep them honest. The degree of confusion is directly proportional to the impact on the electorate and hence possesses a greater propensity in disrupting the conduct of free and fair elections, hence the confusion among the voters need to be removed to establish the strong foundations of democracy.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: SOUJANYA V
GUIDED BY: ADVOCATE ANIK
