Mumbai: In a major political development, Maharashtra Speaker Rahul Narwekar ruled Thursday that the faction of the Nationalist Congress Party (NCP) led by Ajit Pawar is the “real NCP”, and dismissed the disqualification petitions filed by both rival sides against each other’s MLAs.
This verdict came as a second setback for the faction led by Sharad Pawar, the founder and president of the NCP, after the Election Commission (EC) last week allotted the party name and the symbol, a clock, to Ajit Pawar.
The speaker’s decision was based on the legislative strength of the two factions, as he observed that Ajit Pawar had the support of 41 MLAs, while Sharad Pawar had only 12.
Narwekar, in his verdict, observed that the events that took place between 30 June and 2 July, 2023, when the NCP split, were an expression of intra-party dissent and the members stood divided between two leaders — Sharad and Ajit Pawar.
He also recognised that the two factions emerged in July 2023 and that the Ajit Pawar faction constituted the “will of the party”.
“Ajit Pawar had support of 41 MLAs is not disputed and they outnumbered the Sharad Pawar faction that has support of 12 MLAs. Number of disqualification petitions filed show the strength of the factions,” Narwekar said, reading out the operative part from the order.
“Ajit Pawar faction had an overwhelming legislative majority when the split happened. This faction is the real NCP political party for these proceedings.”
This is the second ruling where Narwekar decided to go along the lines of the EC. Earlier, he had given a similar verdict in the case of the Shiv Sena that split into two factions led by Eknath Shinde and Uddhav Thackeray.
In that case, too, the speaker had recognised the Shinde faction with more MLAs as the real Shiv Sena and rejected the disqualification pleas of both sides. The EC had also given the party name and symbol of a bow and arrow to the rebel side.
The NCP, which was formed in 1999 by Sharad Pawar after breaking away from the Congress, is one of the key allies of the Maha Vikas Aghadi (MVA) in Maharashtra, along with the Congress and the Thackeray faction of the Shiv Sena.
The Ajit Pawar faction, however, had defected to the Bharatiya Janata Party (BJP) in July last year, and joined the Shinde-led Mahayuti government. Ajit Pawar, who is Sharad Pawar’s nephew, became the deputy chief minister for the fifth time, and eight other NCP ministers were also sworn in.
Meanwhile, Thursday’s verdict was welcomed by the Ajit Pawar faction, which celebrated by distributing sweets, while the MVA allies criticised the speaker for his “biased” and “arbitrary decision”.
Supriya Sule, the daughter of Sharad Pawar and MP from the NCP (Sharadchandra Pawar Party), accused Narwekar of copying his previous verdict in the Shiv Sena case.
“What can you expect from Narwekar? His decision is laughable and a copy-paste of what he has done in the case of the Shiv Sena where the factions led by Eknath Shinde and Uddhav Thackeray had filed disqualification petitions. An invisible power is actively trying to finish off the Shiv Sena and the NCP, two important state-based parties,” the Baramati MP told reporters Thursday.
On social media platform ‘X’ (formerly Twitter), NCP (Sharadchandra Pawar) MLA Jitendra Awhad called the decision driven by “politics”.
Vidhansabha Chairman said that he looks at the Tenth Schedule through a kaleidoscope where alliances make or break… “this is politics” he said. Not all acts or conduct can be considered to be defection.
A new political philosophy which is above the law is born in Maharashtra— Dr.Jitendra Awhad (@Awhadspeaks) February 15, 2024
Even MVA allies have reacted to the speaker’s verdict calling it a “joke”.
“The speaker, in role of the tribunal, should try stand-up comedy,” posted Aaditya Thackeray, MLA, Shiv Sena (UBT).
The speaker, in role of the tribunal should try stand up comedy.
He seems to be great at making a big joke of the democracy and constitutional values we uphold. https://t.co/q1sAxSZVpE
— Aaditya Thackeray (@AUThackeray) February 15, 2024
Mumbai Congress president Varsha Gaikwad said that the real battle is in the court of the people and they will not forgive.
“All Deserving..Justice But Unqualified – Part 2. The stubborn king made what he wanted. Crushing democracy and laughing with great joy. But in the end who is true and who is false? This will finally be decided in the court of the people… The real battle will be in the court of the people… People will stand firmly with the truth i.e. respect Sharad Chandraji Pawar and Mahavikas Aghadi… Traitors will not be forgiven in the court of the people,” she posted on ‘X’.
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Disqualification petitions
After Ajit Pawar and a few of his loyalists switched sides in July last year, the Sharad Pawar-led faction filed disqualified petitions against nine MLAs, including Ajit Pawar.
Jayant Patil, Maharashtra NCP (Sharadchandra Pawar) chief and Sharad Pawar loyalist, had then moved the Supreme Court seeking a time-bound speedy delivery of a verdict in the disqualification plea filed under the 10th Schedule of the Constitution, along the lines of its directive to Narwekar in the Sena vs Sena case.
The 10th Schedule is designed to prevent defection of elected and nominated members of Parliament and state legislatures and contains stringent provisions against it.
The SC had then asked the speaker to give his verdict by 31 January, which was later extended to 15 February.
In his Thursday verdict, the speaker, while dismissing the disqualification petition against the Ajit Pawar faction, said that those events were intra-party dissent and don’t amount to disqualification.
“It is a dissent expressed by the members of NCP. The provision of the 10th Schedule should not be used to silence the members, or to crush the opposition. This would be a complete abuse of law and contrary to its contention.”
Narwekar also said that the question of who the real party is can be determined by going through the constitution, leadership structure, and legislative majority of the party. As far as the NCP constitution is concerned, there was no dispute over it, he added.
“Since none of them voluntarily gave up the membership of the party, it doesn’t amount to disqualification,” he said, dismissing the disqualification petitions filed by both parties.
He further observed that the events that unfolded between 30 June and 2 July, 2023, which includes statements made by Ajit Pawar, were intra-party dissent.
“But, this conflict was within the political party. Questioning the decision of Mr Sharad Pawar and going against his wishes cannot be said as an act of defection or of leaving the party. It is a descent expressed by the members of the NCP,” Narwekar said.
“None of the averments fall within the 10th schedule. The 10th Schedule is meant to prohibit defections while protecting democracy. I see members and leaders through a kaleidoscope, making and breaking into new forms, forging new alliances, undoing old relations and striking out in unknown directions,” he added.
The speaker pointed out that this is the very nature of politics that we see in front of our eyes. “It is the reality of politics today, such action cannot be qualified as defection within the 10th Schedule.”
(Edited by Richa Mishra)
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