Maharashtra Speaker dismisses disqualification petitions against Ajit Pawar faction MLAs of NCP

Maharashtra speaker Rahul Narwekar today dismissed disqualification petitions filed against Ajit Pawar faction by senior politician Sharad Pawar after rival factions emerged in Nationalist Congress Party (NCP) back in July 2023..Narwekar referred to the legislative majority principle and observed that Ajit Pawar faction enjoyed majority support of MLAs in the legislative assembly and can be considered the real NCP. “The Ajit Pawar faction had an overwhelming Legislative Majority when the rival factions emerged. Ajit Pawar's claim that his faction had the support of 41 out of 53 MLAs is not disputed by the petitioners. Even otherwise the resolution passed by the Ajit Pawar faction shows that prior to joining the Government the Ajit Pawar faction outnumbered the Sharad Pawar faction. It is also imperative to note that the very fact that the Sharad Pawar faction has filed disqualification petitions against 41 MLAs of the Ajit Pawar faction itself indicates the numerical strength of each faction,” the speaker held. .The speaker further reasoned that the switch by MLAs did not fall under the Tenth Schedule of the Constitution, and hence did not merit disqualification. "Ajit Pawar faction was the real political party when the rival factions emerged within the NCP, his MLAs cannot be held to be disqualified on any of these grounds as the decisions of Ajit Pawar faction constituted the ‘will of the NCP political party’. Consequentially, the disqualification petitions are liable to be dismissed.", the speaker pronounced today. The Speaker also reasoned that the alleged act of defying Sharad Pawar could not amount to an act of defection. "The events that unfolded between 30th June 2022 and 2nd July 2022 were clearly in the nature of intra-party dissent within NCP and the members of the party stood divided between two leaders i.e., Sharad Pawar and Ajit Pawar. But this conflict was clearly within the political party. Questioning the decision of Sharad Pawar and going against his wishes cannot be said to be an act of defection, or of leaving the party. It is a dissent expressed by the members of the NCP", the speaker said. .Narwekar also emphasised that expressing concerns about political behaviours of the party members was merely dissent and not defectino. "Members of the party expressing concerns against certain political behaviour of other members of the party would not constitute “defection” under the Tenth Schedule. Such collective dissent would remain to be a ‘dissent within the political party’ even when it began to be raised publicly, on the platforms other than party forums. It may not be to the liking of the this leader or that, but it would still remain to be a dissent and not desertion", the order underscored. .The cross petitions filed by Ajit Pawar faction against members of the Sharad Pawar faction were also dismissed by the speaker."None of the averments in the petitions fall within the ambit of the Tenth Schedule. Sharad Pawar MLAs cannot be held to be disqualified on any of the grounds as they do not amount to voluntarily giving up membership of the party", the speaker pronounced. .Narwekar's verdict came in the petitions filed after the rebellion of Ajit Pawar group and a split in the party in July 2023.Sharad Pawar group first filed disqualification petitions against nine MLAs of the Ajit faction who were sworn in as ministers in ruling Eknath Shinde government before proceeded to file petitions against the remaining 31 MLAs of the junior pawar faction. Ajit Pawar group filed cross petitions against the 10 MLAs of Sharad Pawar group..Meanwhile, the Election Commission had also ruled on February 6 that Ajit Pawar's faction was the real NCP and permitted the faction to use the 'clock' symbol for the party.The poll body too had applied test of majority in the legislative wing to arrive at its decision. The poll body had in its order noted that the total number of NCP MLAs in Maharashtra State assembly stood at 81.Out of this, Ajit Pawar had submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.In view of this, the commission concluded that the group led by Ajit Pawar enjoyed majority support of the legislators and can lay claim to being NCP.Challenge against the same by Sharad Pawar is pending before the Supreme Court.