Ajit faction ‘real NCP’: Maharashtra Speaker dismisses pleas for disqualification

The Speaker noted that the two factions emerged in NCP on June 30, 2023. “Ajit Pawar faction constituted the will of the party,” the Speaker held, adding that he was pained to observe that in the present case, the misuse of 10th Schedule of the Constitution “becomes apparent and it should not be used to devise inter-party discipline or to stifle collective dissent by threatening them of disqualification.”

“Common party workers cannot remain mere onlookers,” he added.

“In the present case, the legislative majority is undisputed. At present, Ajit Pawar faction has 41 out of 55 MLAs. Ajit Pawar faction’s assertion that they have legislative majority in Maharashtra and Nagaland is not disputed by the Sharad Pawar faction,” the Speaker noted.

“Going against the wishes of Sharad Pawar is dissent expressed by members of the political party and cannot be seen as an act of leaving the party. Members of a party expressing concerns over political behaviour/actions of other members does not amount to defection or desertion. Examination of the motive of members is relevant to determine whether collective dissent was honest within a political party and not inviting disqualification under the 10th Schedule of Constitution,” he added.

While adjudicating the petitions, Narwekar said that as per Supreme Court judgment in Shiv Sena case, he had to rely upon three parameters to come to the conclusion, which are: the constitution of Shiv Sena constitution, the leadership structure of the party and the legislative majority of the party.

He held that the relevant constitution of the party was not disputed by either of the faction.

Referring to the ‘leadership structure’, the Speaker noted that the Sharad Pawar faction failed to provide supporting evidence to establish that it enjoyed majority support in the party’s national committee and therefore, such a claim cannot be accepted by “blindly admitting it to be true.” However, the Speaker noted that such claims cannot be adjudicated by him and parties had to initiate relevant proceedings before the authority concerned.

“I hold that the leadership structure cannot be taken into account to determine the preliminary issue (real political party) as it will be an impossible attempt,” the Speaker held.

Therefore, Narwekar held that “the preliminary issue as to which faction is the political party is discernible from legislative majority,” and declared that Ajit Pawar faction having legislative majority is the real NCP.

While the Election Commission recently gave its verdict in favour of Ajit Pawar faction and handed him the party name as well as the symbol, it also allowed the Sharad Pawar faction to have an independent identity for the upcoming Rajya Sabha elections. Based on the EC’s order, the Sharad Pawar group has now renamed itself as NCP (Sharadchandra Pawar).

Sharad Pawar group Lok Sabha MP Supriya Sule termed the order as an exact copy of the order given in Shiv Sena case. “This was not unpredictable. What happened with Shiv Sena has happened with us. If one decides not to bother about law and rules, then these things will happen,” said Sule, saying she had no different expectation from Narwekar.

Ajit Pawar led NCP’s state president Sunil Tatkare said the party welcomes the order and the day is of happiness. Minister and NCP whip Anil Patil said the order is as per the Constitution and law.

MLA Jitendra Awhad termed the order by Narwekar as an example of how injustice is meted out. “The order says that intra-party dispute is not within the ambit of the Speaker. If that was the case, then why did he take up the case? He should have said that much before,” said Awhad.

Narwekar, however, defended his order saying all ‘Constitutional experts’ who are criticising him should talk about merits instead of name-calling. “They should explain the difference between dissent and defection, what is intra-party dispute and then talk about the order. I think I shouldn’t comment on these Constitutional experts,” said Narwekar.