Ajit Pawar’s faction is real Nationalist Congress Party, declares Election Commission

In a significant boost to Maharashtra Deputy Chief Minister Ajit Pawar, the Election Commission of India on Tuesday declared his faction as the real Nationalist Congress Party (NCP). The election body made the decision on the basis “Test of legislative majority” factor which worked in the favor of Ajit Pawar.

The decision comes as a setback for his uncle, and senior leader Sharad Pawar against whom Ajit Pawar led a rebellion in July 2023 to join the Eknath Shinde-led Maharashtra government. The development is expected to start another legal tussle among the NCP factions and Sharad Pawar-led MLAs are expected to approach the courts against the ECI's decision.

Examined the dispute through three tests

Like in the case of dispute between two factions of Shiv Sena, the Election Commission examined the applicability of three tests i.e., “Test of Aims and Objectives of the Party Constitution” "Test of Party Constitution" and "Test of Majority" to adjudicate the NCP dispute case.

“Firstly, with respect to the “Test of Aims and Objectives of the Party Constitution,” it was seen that neither of the rival factions had rata dosterded that their faction was following the aims and objectives of the Party Constitution and that the other side was violating it. Hence, this test was found to be failing in giving any outcome,” the ECI said.

Secondly, with respect to the “Test of Party Constitution,” it was seen that while both the rival factions had no dispute on the Party Constitution, they were not adhering to the same and thus, this test also failed to give any determinative result, it added.

Finally, the ECI relied on the “Test of Majority” to decide the dispute and then proceeded to determine it on the basis of the test of majority in the legislative wing.

"The Commission examined the affidavits of support filed by both the factions and concluded that the group led by the Petitioner (Ajit Pawar) enjoyed majority support among the legislators. In view of the aforesaid findings, this Commission holds that the faction led by the Petitioner, Sh. Ajit Anantrao Pawar is the Nationalist Congress Party (NCP) and is entitled to use its name and reserved symbol "clock" for the purposes of the Election Symbols (Reservation and Allotment) Order, 1968," the election body said.

Number game in favor of Ajit Pawar

While counting the legislative strength of both factions, the Election Commission of India took into consideration, the total number of legislators in the country. NCP has 81 MLAs in different states, out of which 57 affidavits were submitted in favor of Ajit Pawar's faction while 28 were submitted in favor of Sharad Pawar's faction.

The election body added that 6 legislators submitted affidavits in favor of both factions. Even if the commission considers the six affidavits in favor of the Sharad Pawar faction, the Ajit Pawar factor still has a comfortable lead and hence wins the “Test of Majority.”