Seeking disqualification of MLAs, claims on posts Legislative Party Leader, Chief Whip: Legal road ahead for NCP factions

Meanwhile, NCP has appointed Jitendra Awhad as Leader of Opposition (LoP) in the Assembly as Ajit Pawar has resigned from the post. Awhad was also appointed Chief Whip of the party. The monsoon session of the Assembly is set to commence from July 17.

The Supreme Court Constitution bench led by Chief Justice of India (CJI) DY Chandrachud in the May 11 verdict in Shiv Sena tussle case, laid down principles for the Speaker of the Assembly to decide disqualification pleas and issues pertaining to appointment of leader of the Legislative Party and the Chief Whip. The bench had said that unless there are extraordinary circumstances, the courts do not adjudicate the disqualification pleas “at the first instance.”

The proceedings

The Apex court had said, “In arriving at their decision (in disqualification proceedings), the Speaker must consider the constitution of the party as well as any other rules and regulations which specify the structure of the leadership of the party.”

The SC had said that the Speaker must also consider defence raised by the member against whom disqualification petition has been filed. It had said that as the Tenth Schedule’s third paragraph has been removed, the ‘split’ in the party will no longer be a defence available to MLAs facing proceedings.

It had added that if the two or more versions of the party constitution are submitted by rival groups, the the Speaker must consider the version which was submitted to the ECI before rival factions emerged. “This will obviate a situation where both factions attempt to amend the constitution to serve their own ends,” the SC had stated.

The CJI-led bench had said the Speaker must not decide which faction constitutes the political party on the “blind appreciation” of which group had a majority in the Assembly. “This is not a game of numbers, but of something more. The structure of leadership outside the Legislative Assembly is a consideration which is relevant to the determination of this issue,” the court stressed.

However, in the present NCP case, the Ajit Pawar-led faction has filed a counter-petition before the Speaker seeking disqualification of Jayant Patil (Legislative party leader) and Awhad (Chief Whip) belonging to the Sharad Pawar faction.

On Monday evening, Praful Patel, working president of the party, appointed Ajit Pawar as Legislative Party Leader, Anil Bhaidas Patil as its Chief Whip and Sunil Tatkare as party state president. Meanwhile, NCP national president Sharad Pawar has ordered removal of Patel and Tatkare from the membership of the party citing anti-party activities.

Furthermore, both groups of NCP can exercise legal remedy by approaching the Supreme Court or competent High Court challenging the decision of the Speaker pertaining to disqualification proceedings.

To decide in “reasonable time”

The three-judge bench of the SC led by Justice RF Nariman in Keisham Meghachandra Singh vs Speaker, Manipur Assembly case decided in 2020, pertinent to March 2017 Manipur Assembly Elections, had said that the Speaker, in absence of exceptional circumstances, shall decide within a reasonable period of three months the disqualification petitions filed before him.

In the Shiv Sena tussle case, the SC had said the Speaker Narwekar must decide the disqualification petitions within “reasonable period.”

Whip, Leader of Legislative Party

In its May 11 judgement, the Apex court had said the Whip and Leader of the Legislative Party must be appointed by the political party as a whole unit, and not merely by the legislative party as it is “crucial for the sustenance of the Tenth Schedule of the Constitution,” and “the entire structure would crumble if this requirement is not complied with.”

The SC said the contention that the legislature party and political party are inextricably intertwined was “erroneous” and the two could not be conflated. “To hold that it is the legislature party which appoints the Whip would be to sever the figurative umbilical cord which connects a member of the House to the political party.”

In the present scenario, as per SC verdict, Speaker Rahul Narwekar, while deciding disqualification petitions, will have to peruse the response from Ajit Pawar-led faction, Constitution of NCP and ascertain who the “real” NCP is.

Moreover, before taking a decision as to who will be the leader of the NCP and Chief Whip, Narwekar, as a quasi judicial authority, would have to ascertain whether appointment of Awhad was made by the NCP “political party.”

While Sharad Pawar on Sunday said, that he would not be pursuing a legal battle and instead would go to the people directly, the party-led by him can also challenge in the constitutional courts the administration of oath to nine ministers by the Governor.