Mumbai: Maharashtra assembly speaker Rahul Narwekar on Thursday dismissed all disqualification petitions filed by the two factions of NCP against each other’s MLAs. The speaker also held that the Ajit Pawar faction is the real NCP.
Mr. Narwekar held that the dispute between the two rival factions in the NCP is an intra party matter and the 10th schedule proceedings cannot be invoked to settle it.
The speaker further held that a in accordance with the recent Supreme Court order in the case of Shiv Sena dispute, he also considered who represented which faction represented the real NCP at the time rival factions emerged on June 30, 2023. He concluded that the tests of organisational structure and strength in the party organisation could not be used in the case because both factions did provide supporting evidence and he did not have the jurisdiction to conduct a detailed probe to verify the rival claims. However, after applying the test of majority in the legislative party, he concluded that the Ajit faction represented the original party. It means that the whip issued by the Ajit Pawar faction will be binding on all NCP MLAs.
Rejecting Sharad Pawar faction’s argument that legislative majority cannot be taken into consideration, Mr. Narwekar said the Ajit Pawar faction has 41 out of 53 MLAs. He further added that the assertion by Ajit Pawar faction's that they have legislative majority in Maharashtra, Nagaland was not disputed by the Sharad Pawar faction. “I hold that the Ajit Pawar faction is the real NCP political party for the purpose of deciding petitions,” he said.
While dismissing the disqualification petitions against the MLAs of both factions, Mr. Narwekar said, “It appears that initiation of proceedings is not to prevent maverick disqualification but to suppress dissent within the party. There is an attempt to open new directions in tussle for power to suit private objectives of individuals in the party.”
Mr. Narwekar held that going against the wishes of a party leader is dissent expressed by members of a political party and cannot be seen as an act of voluntarily giving up the membership of the party.
