EC Recognizes Ajit Pawar’s Faction as NCP

February 8, 2024

The Election Commission of India (ECI) recently settled the dispute between the rival factions of the Nationalist Congress Party (NCP) led by Sharad Pawar and Ajit Pawar. The ECI ruled that the Ajit Pawar faction is the real NCP and allotted the ‘Clock’ party symbol to it.

EC’s Role in Settling Disputes over Party Symbols

The Symbols Order, 1968 empowers the ECI to decide on claims of rival factions in case of a party split. Such disputes are decided as per the Symbols Order. This rule applies to disputes in recognised national and state parties, as the election symbol is seen as the identity of the party. The ECI usually advises unrecognised party factions to resolve differences internally or approach the court. The ECI’s decision is binding on rival groups.

Criteria Used by ECI

The ECI generally uses three tests outlined in the Sadiq Ali case – the party’s aims/objectives, party constitution, and test of majority. For the majority test, it sees the support within the legislative and organisational wings. In recent cases, when organisational support was unclear, the ECI relied solely on majority amongst elected MPs and MLAs. If both tests are inconclusive, the ECI freezes the symbol.

Implications for Splinter Group

Before 1997, the breakaway faction was recognised as a separate party if it met the criteria. Since 1997, the splinter group has to register as a new party and can claim national/state party status only based on post-registration electoral performance.

Background of NCP Dispute

The split in NCP occurred when Ajit Pawar joined hands with the BJP-Shiv Sena alliance in Maharashtra in 2022. Both factions sought recognition from the ECI. The ECI started hearings in July 2022 and gave its verdict in February 2023.

EC’s Verdict and Basis of Decision

The ECI ruled that the Ajit Pawar faction is the real NCP based on the test of majority in the legislative wing. Of NCP’s total 81 MPs/MLAs/MLCs, 57 supported Ajit Pawar while 28 backed Sharad Pawar. The ECI rejected the organisational wing test as internal elections lacked basis. It asked the Sharad Pawar faction to choose a new name and symbol.

« Previous Post Next Post »