Key Points
A bench of justices Surya Kant and K.V. Vishwanathan wondered whether the legislative majority test applied by the EC to declare the Ajit Pawar group as the real NCP would amount to recognising a split in the party or defection, something that offends the Tenth Schedule or the anti-defection law...
The significant, albeit verbal remark, was made when the top court was hearing Sharad Pawars petition challenging the ECs decision to recognise Ajit Pawars faction as the real NCP and allocating the clock symbol to it for electoral purposes...
Singhvi briefly touched upon the ECs order to question the basis on which it declared the Ajit Pawar group to be the real NCP and allot the clock symbol..
However, the top court went ahead to issue a slew of guidelines, including asked Ajit Pawar to issue a public notice in newspapers in English, Marathi and Hindi editions, notifying that the allocation of the clock symbol is subjudice and that they are using it subject to the same final outcome of the judicial proceedings...
Such a declaration, the court ordered, shall be incorporated in every template, advertisement audio or video clip to be issued on the Ajit Pawar groups behalf.. Further, in partial relief to the Sharad Pawar group, the top court allowed him to use Nationalist Congress PartySharad Chandra Pawar to name his party and directed the EC as well as the State Election Commission to take necessary action to reserve the trumpet symbol for him and not allocate it to any other political party or independent leader...
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