NCP (SP) Chief Sharad Pawar addresses a press conference in Mumbai on October 13.
The Latest Developments: Sharad Pawar, the founder of the Nationalist Congress Party (NCP), has approached the Supreme Court, requesting to prohibit the Ajit Pawar faction from using the ‘clock’ symbol in the forthcoming Maharashtra assembly elections.
Understanding Symbol Allotment
The Election Commission of India (ECI) allocates symbols to political parties under the Symbols Order. In India’s vast democracy, where literacy levels vary, symbols are vital for the electoral process, serving as an easy means for the electorate to identify their preferred party. Each recognized political party in the nation holds a unique symbol that is not granted to candidates from other parties in the same constituency.
Current Situation
The NCP is currently recognized as a state-level party in both Maharashtra and Nagaland. Following a split within the NCP in July 2023, the Ajit Pawar faction secured the backing of 41 out of 53 MLAs in the Maharashtra assembly. In February 2024, the ECI recognized the Ajit Pawar faction as the legitimate NCP and assigned it the ‘clock’ symbol for the upcoming Lok Sabha elections. In contrast, the faction led by Sharad Pawar was given a common symbol of ‘man blowing turha’. The recent petition asserts that voter confusion arose during the Lok Sabha elections regarding which faction truly represents the NCP. Consequently, NCP (SP) is seeking to freeze the use of the ‘clock’ symbol and request a new symbol for the Ajit Pawar faction.
Historical Context
In similar disputes concerning political party splits, the ECI has the authority to determine the recognized faction and allocate the reserved symbol accordingly. There have been instances where symbols have been frozen prior to resolving disputes, including the AIADMK’s ‘two leaves’ symbol and the ‘bow and arrow’ symbol from Shiv Sena.
Potential Outcomes
The Supreme Court’s ruling in Sadiq Ali versus the ECI (1971) established a three-test framework for recognizing a political party’s faction, focusing on the party’s objectives, adherence to its constitution, and legislative majority. In its February 2024 order, the ECI determined there was no conflict between the factions on the first criterion, although neither faction adhered to the party’s constitution, making the second criterion irrelevant. The ECI ultimately resolved the situation based on legislative majority, siding with the Ajit Pawar faction due to their larger MLA count.
Despite this, the NCP (SP) faction performed well in the recent Lok Sabha elections, winning eight seats compared to just one seat for Ajit Pawar’s faction, which campaigned under the ‘clock’ symbol. The Supreme Court generally refrains from intervening in electoral processes governed by the ECI but has occasionally stepped in to ensure fair elections. Given the electoral results, the legitimacy of the Ajit Pawar faction’s recognition may be open to challenge. The court may grant the request to freeze the ‘clock’ symbol in preparation for the November 2024 assembly elections. Moving forward, strengthening internal party democracy is crucial, and it is incumbent upon party members to advocate for these changes while maintaining the ECI’s impartiality in the electoral process.
Published – October 14, 2024 08:30 am IST
