Ajit Pawar’s NCP moves Bombay HC challenging Speaker’s refusal to disqualify Sharad Pawar’s MLAs

The Ajit Pawar faction of the Nationalist Congress Party (NCP) has approached the Bombay High Court to challenge the decision of Maharashtra Assembly Speaker Rahul Narwekar, who dismissed their petitions to disqualify ten MLAs from the Sharad Pawar faction.
Anil Patil, the Chief Whip of Ajit Pawar’s faction, filed the appeal, contending that the speaker’s dismissal of the petitions was unjust as he had earlier recognized Ajit Pawar’s faction as the legitimate NCP. This development comes after Speaker Rahul Narwekar’s decision to reject similar petitions filed by both factions of the NCP on February 15.
Narwekar’s rationale for the dismissal was based on the principle of legislative majority. He asserted that the Ajit Pawar faction holds the support of the majority of MLAs in the legislative assembly, thus deeming them as the legitimate NCP. Consequently, the petition filed by the Sharad Pawar faction to disqualify MLAs from the Ajit Pawar faction was turned down. However, the plea filed by the Ajit Pawar faction itself was also dismissed, leading to this current appeal.
In the petition filed through advocate Shrirang Varma, Patil argues that since the Speaker recognized the Ajit Pawar faction as the real NCP, MLAs from the Sharad Pawar faction should face disqualification for their actions. Patil further asserts that the Speaker did not adequately consider the submissions made by the Ajit Pawar faction in their petitions seeking disqualification.
The petition is set to be heard by a division bench comprising Justices GS Kulkarni and Firdosh Pooniwalla on February 21.
This legal development follows a series of internal conflicts within the NCP, including a rebellion and a split within the party in July 2023. Initially, the Sharad Pawar faction filed disqualification petitions against nine MLAs from the Ajit faction, who had been sworn in as ministers in the ruling Eknath Shinde government. This was followed by petitions against the remaining 31 MLAs of the junior Pawar faction. In response, the Ajit Pawar group filed cross-petitions against ten MLAs of the Sharad Pawar group.
Additionally, on February 6, the Election Commission ruled in favor of Ajit Pawar’s faction, declaring them as the real NCP and permitting them to use the ‘clock’ symbol for the party. This decision was based on a test of majority in the legislative wing, with Ajit Pawar’s faction garnering support from 57 out of 81 NCP MLAs in the Maharashtra State Assembly, compared to Sharad Pawar’s faction with only 28 affidavits of support.
However, Sharad Pawar has challenged the Election Commission’s ruling, and the matter is currently pending before the Supreme Court.