The Supreme Court on February 19 allowed Nationalist Congress Party (NCP) founder Sharad Pawar and his faction to operate under the name ‘Nationalist Congress Party-Sharad Chandra Pawar’ apparently beyond the Rajya Sabha polls scheduled on February 27.
The Election Commission of India (EC) had allocated the new name to the Sharad Pawar faction in an order on February 7 as a one-time measure to participate in the Rajya Sabha polls.
In a further interim relief for Mr. Sharad Pawar, a Bench of Justices Surya Kant and K.V. Viswanathan permitted his faction to apply for a party symbol. It directed the EC to allot the Sharad Pawar faction a party symbol within a week of their application.
“At some stage, let the voter have some say. He originally had a say… the little man, the voter, I mean. Otherwise, there would be chaos. The ‘clock’ symbol [the original symbol of the NCP] is with you now. They are only asking for a name allotted by the EC,” Justice Viswanathan addressed Maharashtra Deputy Chief Minister Ajit Pawar’s counsel, senior advocate Mukul Rohatgi and advocate Abhikalp Pratap Singh.
Mr. Rohatgi raised objections against the interim order, saying the new name was valid only till the Rajya Sabha polls and cannot be used beyond that point.
Senior advocate A.M. Singhvi, for Mr. Sharad Pawar, said the objections were aimed to “hurt” his client. “They want me to be left without a symbol or a name,” he said.
Justice Kant said the Indian voter was very intelligent. “Ultimately, the voter is going to vote for either Ajit Pawar or Sharad Pawar,” Justice Kant observed. Mr. Ajit Pawar had broken away from Mr. Sharad Pawar to join the BJP coalition in power in the State,
Justice Viswanathan pointed out that Mr. Ajit Pawar had not challenged the February 7 order till date.
The Bench issued notice on a petition filed by the elder Pawar challenging the EC decision on February 6 that Mr. Ajit Pawar’s camp was the “real” NCP.
The court gave Mr. Ajit Pawar two weeks to file a counter-affidavit to the petition. Mr. Sharad Pawar was directed to file his rejoinder in a week thereafter. The case was posted for hearing after three weeks. “We will resolve this issue by the time of the Parliament election,” Justice Kant indicated.
During the hearing, senior advocate Mr. Singhvi said his client would be left “nameless and symbol-less” after the Rajya Sabha polls.
He said the Maharashtra Legislative Assembly was due to convene on Tuesday in a special sitting. The State Budget was due by the end of February. The printing and publication of pamphlets for the Lok Sabha polls have to start. The Sharad Pawar camp should not be left handicapped without a name or symbol after the Rajya Sabha elections. “As an interim order, let me continue with the very name the EC allotted me,” Mr. Singhvi submitted.
Otherwise, he said, an “absurd” situation would arise by which the Sharad Pawar loyalists would be subject to the whip issued by Mr. Ajit Pawar.
“That cannot be… Such a situation would be absurd, astonishing,” Mr. Singhvi said.
He said the faction led by Mr. Sharad Pawar had presence in States like Kerala, Nagaland, Jharkhand and Maharashtra.
Justice Viswanathan observed that the EC order of February 6 had found that both factions had violated the party constitution and its aims and objectives.
Mr. Singhvi said the EC had decided that Mr. Ajit Pawar’s faction was the “real” party even as the defection petitions were pending.
