NCP Rift : Supreme Court Lists Sharad Pawar Faction's Plea To Direct Maharashtra Speaker To Decide Disqualification Pleas Against Ajit Pawar Faction With Shiv Sena Pleas

The Supreme Court on Monday (October 9) listed the petition filed by Nationalist Congress Party (Sharad Pawar faction) seeking a direction to the Maharashtra Legislative Assembly Speaker to expeditiously decide their petitions seeking disqualification of Ajit Pawar and seven other MLAs under the anti-defection law on October 13, 2023.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra decided to list the petition on coming Friday along with the Shiv Sena case (in which the Court had earlier issued directions to the Maharashtra Speaker to decide the disqualification matters in a timebound manner).

Senior Advocate Kapil Sibal appeared for the petitioner Jayant Patil, who moved the matter on behalf of the NCP. Senior Advocate Mukul Rohatgi, appearing for the intervenors, said that the disqualification petitions were filed only in September and the petitioner very soon approached the Supreme Court. Refuting this claim, Sibal said that the petitions were filed way back in July.

When CJI said that he will list the matter along with Shiv Sena matter, Rohatgi said that the facts in both the cases are different.

The internal ongoing war of the Nationalist Congress Party (NCP) reached the Supreme Court when the Sharad Pawar faction, through MLA Jayant Patil approached the Supreme Court against the delay by the Maharashtra Assembly Speaker Rahul Narwekar in deciding disqualification petition against rebel MLAs led by Ajit Pawar.

The issue arose when a section led by Ajit Pawar and Praful Patel broke ranks with the NCP supremo Sharad Pawar and joined hands with the BJP and Shinde Sena. Ajit Pawar was sworn in as the Deputy Chief Minister and 8 other NCP MLAs took oath as Ministers in the Eknath Shinde-led government in July.

The official NCP reacted by moving a disqualification petition against Ajit Pawar and the 8 MLAs who joined Shinde Government. In return, Ajit Pawar claimed that he had the support of majority of NCP MLAs and that he represents the 'real' NCP. Praful Patel announced the appointment of Ajit Pawar (who was the leader of opposition till July1) as the leader of the NCP legislative party in the assembly. Currently, the Election Commission of India is hearing a petition filed by Ajit Pawar faction, staking its claim to the NCP party's name and its election symbol.

Mr. Mukul Rohatgi and Mr. Neeraj Kaul alongwith by Abhikalp Pratap Singh, AOR appeared for intervenors.

Case Title: Jayant Patil v. Speaker, Maharashtra Legislative Assembly | WP(c) No. 1077/2023