Sharad Pawar Moves Supreme Court Challenging ECI Decision Recognizing Ajit Pawar Faction As NCP

The ECI used the test of "legislative majority" and noted that the Ajit Pawar faction has the majority of legislators (51/81). The Commission noted that the other tests - the test of "aim and objectives" and the test of "organisational majority"- were not conclusive in the case and hence the test of legislative majority was used.

In view of the imminent Rajya Sabha elections for six seats from Maharashtra, the ECI allowed the Sharad Pawar faction to claim a new name for its political formation for the purposes of the Rajya Sabha elections. If they fail to intimate the preferred three names by 4PM, February 7, then the MLAs claiming allegience to Sharad Pawar will be treated as independent MLAs.

The rift in the NCP emerged in July last year, after a section led by Ajit Pawar and Praful Patel broke ranks with the then-party supremo Sharad Pawar and joined hands with the BJP- Shiv Sena (Eknath Shinde) alliance. In a swift development, Ajit Pawar was sworn in as the Deputy Chief Minister of the Maharashtra Government.

In July itself, the Ajit Pawar faction approached the ECI seeking the official symbol of the NCP. The Sharad Pawar faction has filed petitions before the Maharashtra Speaker seeking the disqualification of Ajit Pawar and the MLAs backing him under the tenth schedule of the Constitution on the ground that they have defected from the party.

The Supreme Court originally set a deadline of January 31, 2024 for the Speaker to decide the disqualification petitions. Last week, the Supreme Court extended the time for the Speaker till February 15.