NCP chief Sharad Pawar and senior advocate Abhishek Manu Singhvi come out of the Election Commission office in New Delhi on Oct 6, 2023, after the commission heard the plea of both factions over claims on the party’s name and symbol.
| Photo Credit: PTI
The Election Commission of India on Friday began its hearing on the split within the Nationalist Congress Party (NCP), with arguments presented by the Sharad Pawar-led faction.
After a two-hour hearing, the EC scheduled the next hearing — that of the rebel NCP faction led by Ajit Pawar — on October 9. The EC hearings are expected to determine whether Mr. Sharad or his rebellious nephew Mr. Ajit controls the NCP.
The 82-year-old Mr. Sharad, along with party loyalists — MLA Jitendra Awhad and Rajya Sabha MP Vandana Chavan —personally attended the hearing.
Stating that the arguments presented by the Ajit faction to stake control over the NCP was strange and “non-existent in law”, advocate Abhishek Manu Singhvi, for the Sharad camp, told reporters later that as their preliminary objection, the Sharad faction told the ECI that it was “obliged to determine as a threshold issue whether there is a dispute or not.”
“We told the ECI very clearly that it would be wrong without hearing us to decide whether there is a dispute within the NCP or not. The commission heard us but said it will not decide at this stage,” he said, adding that in case this was rejected by the ECI, they could challenge it in court.
Stating that the main argument of the Ajit group was “quite amazing” and “non-existent in law”, Mr. Singhvi said: “They are saying they do not want the organisational test. They claim to know that 99% of the NCP cadre is with Mr. Sharad — the man who founded the party, the man who dreamt it, the man who propounded it.”
Accusing the Ajit faction of “running away” from the organisational test, Mr. Singhvi observed that the Supreme Court had clearly said that where a disqualification case was pending, one cannot apply the legislative majority test.
“But they [Ajit faction] say we will distinguish the SC’s decision this way or that way. What’s more, they are inventing a new test to count the MPs and MLAs with them and then, something that I have never heard of — that is count the votes which belong to these MPs, MLAs, and MLCs,” said Mr. Singhvi.
Meanwhile, State president of the Sharad faction, Jayant Patil said his camp’s expectation was that the ECI, after the hearings, would see for itself that the NCP cadre in Maharashtra, be it at the taluk or zilla level, are overwhelmingly on Mr. Sharad’s side.
Mr. Patil further said they would move the Supreme Court in the event of the ECI not giving their faction a suitable decision.
“The EC will have to give a decision to the effect that the NCP was, is and will be run by Mr. Sharad Pawar. There is a difference between the Shiv Sena split and the NCP case. We have a presence in 28 States. The cadre and office-bearers in these States have fully backed us. Just because some MLAs leave the party, it does not mean that the full party has gone with these leaders,” he said.
Mr. Patil further refuted claims made by the rival Ajit-led NCP group that he, or other Sharad loyalists like Jitendra Awhad, had ever given a letter expressing their wish to ally with the BJP.