The NCP faction led by Maharashtra Deputy Chief Minister Ajit Pawar on Wednesday filed a caveat in Supreme court in anticipation of the Sharad Pawar faction knocking the doors of the court against the Election Commission’s recognition of the Pawar faction as the real NCP and allotting it the party symbol ‘clock’.
The filing of the caveat will now ensure that in the event, if Sharad Pawar faction approaches the Supreme Court against the February 6 Election Commission decision, the top court will hear Ajit Pawar faction before passing any order, including issuance of notice or any interim order.
In a major setback to party founder Sharad Pawar, the poll panel had ruled that the Ajit Pawar faction was the real Nationalist Congress Party (NCP) and allotted the party symbol ‘clock’ to it.
The final order of the poll panel came after more than 10 hearings which were held during a period of more than six months.
On July 1, 2023, the EC received a petition dated June 30, 2023 form Ajit Pawar wherein it was submitted that “Sharad Pawar who claims to be the national president is running the party in total disregard to the Constitution and Rules of the same”.
The hearings, which had started on July 1, 2023 between the two groups, one led by Sharad Pawar, while other by Ajit Pawar saw strong legal teams from both sides including Mukul Rohatgi, Neeraj Kishan Kaul and Maninder Singh for the petitioner and Abhishek Manu Singhvi and Devdatt Kamat from the respondent.
The test of majority in the legislative wing found favour in this circumstance of the case, where both the factions have been found to be working outside the party constitution and the organizational elections, the EC said.
Taking into account the significant timeline of the elections to the six seats of Rajya Sabha from Maharashtra which were notified through EC press note on 29 January, the Sharad Pawar-led faction has been given a special concession to comply with Rule 39AA of Conduct of Elections Rules 1961, which allow the authorized agents of political parties to verify as to whom an elector, who is a member of a political party has cast his vote.
The poll panel, while using its powers under Para 18 of the Symbols Order, has provided the Sharad Pawar-led faction, “a one-time option to claim a name to its new political formation and provide three preferences to the Commission”.
Going beyond the recommendations of political parties on the need to maintain transparency in internal affairs, the EC expressed hope that political parties will adopt good disclosure practices of organizational elections and internal party democracy.