Maharashtra Speaker Holds Ajit Pawar Faction As Real NCP, Dismisses Plea To Disqualify MLAs

Maharashtra Assembly Speaker Rahul Narwekar refused to disqualify MLAs from the NCP supremo Sharad Pawar or Deputy CM Ajit Pawar's factions of the NCP and relied on the Election Commission's order - recognising Ajit Pawar as the leader of the Nationalist Congress Party (NCP).

The speaker dismissed five petitions filed by both factions.

“Ajit Pawar faction had overwhelming legislative majority when split happened. This faction is the real NCP political party for these proceedings.” Narwekar held adding that no party leader should use the 10th Schedule of the Constitution to quell opposition.

“In my view the petitioners cannot and should not use the provisions of 10th schedule as a weapon to silence or to browbeat the members, or crush opposition. That would be a complete abuse of the process of law and would run counter to the constitutional intent.. No party leadership can use the 10th Schedule to stifle dissent. In a given case when a tussle for leadership arises, the common party workers cannot remain onlookers and they are compelled to choose sides. The speakers office cannot be used to quell opposition.”

With respect to disqualifications of either faction the Speaker said, “Respondents cannot be held to be disqualified on any of the grounds as they do not amount to voluntarily giving membership of the party.”

The SPLIT

In July 2023, a division occurred within the Nationalist Congress Party (NCP) as a faction led by Ajit Pawar and Praful Patel broke ranks from Sharad Pawar, then NCP supremo, and joined the BJP-Shiv Sena (Eknath Shinde) alliance. Ajit Pawar became the Deputy Chief Minister, accompanied by 8 other NCP MLAs being sworn in as Ministers within the government helmed by Eknath Shinde.

Ajit Pawar has the support of 41 MLA while Sharad Pawar has the support of 12 MLAs.

Simultaneously, in July 2023, the Ajit Pawar faction petitioned the Election Commission of India (ECI) to acquire the official symbol of the NCP, asserting that they enjoyed the support of the majority of NCP MLAs. Praful Patel declared Ajit Pawar, formerly the leader of the opposition until July 1, 2023, as the leader of the NCP legislative party in the assembly.

In response, the Sharad Pawar faction lodged petitions before the Maharashtra Speaker, seeking the disqualification of Ajit Pawar and the supporting MLAs under the tenth schedule of the Constitution, alleging defection from the party ranks.

Petitions were also filed by the Ajit Pawar faction. Initially, the Supreme Court gave a deadline of January 31, 2024, for the Speaker to decide the disqualification petitions. However, the Supreme Court extended the timeline for the Speaker until February 15.

ECI's Verdict

Last week, the Election Commission of India officially recognized the Ajit Pawar faction as the legitimate Nationalist Congress Party, granting them the right to utilize the "clock" symbol, designated as the reserved symbol for the NCP faction.

The ECI's decision was based on the principle of "legislative majority," with the Ajit Pawar faction holding sway over the majority of legislators (51/81). Deeming other tests such as the "aim and objectives" and "organizational majority," as inconclusive, the ECI used the test of legislative majority.

Considering the impending Rajya Sabha elections for six seats from Maharashtra, the ECI permitted the Sharad Pawar faction to propose a new name for its political entity solely for the purposes of the Rajya Sabha elections. Failure to submit three preferred names by 4 PM, February 7, would result in the MLAs aligned with Sharad Pawar being classified as independent MLAs. Sharad Pawar's faction has applied for a new symbol.

Sharad Pawar has also approached the Supreme Court challenging the ECI's decision to recognize the Ajit Pawar faction as the Nationalist Congress Party.

SPEAKERS VERDICT

The speaker relied heavily on the ECI's verdict to hold that Ajit Pawar's faction was the real NCP when two factions emerged on June 30, 2023 as he had legislative majority.

Narwekar noted that the events between June 30 and July 2, 2023 were in the nature of intra-party descent within the NCP and the members of the party stood divided between two leaders i.e. Sharad Pawar and Ajit Pawar. “But, this conflict was within the political party. Questioning the decision of Sharad Pawar and going against his wishes cannot be said as an act of defection or of leaving the party. It is a descent expressed by the members of the NCP,” he ruled. 

The Speaker said that an elected representative, making and breaking of alliances. “I see members and leaders through a kaleidoscope making and breaking into new forms, forging new alliances, undoing old relations and striking out in unknown directions; this is in the very nature of politics, and as we see it is unfolding before our eyes. It is the reality of politics today, and surely every such action cannot qualify as defection within the meaning of 10 Schedule,” he said. 

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