Ajit’s NCP seeks disqualification of Sharad MLAs, HC issues notice

MUMBAI: Bombay HC on Wednesday issued a notice to assembly Speaker Rahul Narwekar over two petitions filed by Anil Patil, chief whip of Ajit Pawar-led NCP, challenging his decision not to disqualify Anil Deshmukh, Jitendra Awhad and eight other MLAs from the Sharad Pawar camp.
The Ajit Pawar camp has sought orders from HC for the MLAs' disqualification.
Justices Girish Kulkarni and Firdosh Pooniwalla also issued notices to the 10 MLAs after hearing senior counsel Mukul Rohatgi for the Ajit Pawar camp. The matter will be heard next on March 14.
Rohatgi said the Speaker erred on various counts in his order on Feb 15. "The Speaker was wrong in saying there was 'internal strife' within the party. It was a case of external strife." Rohatgi said Narwekar's order was in favour of the Ajit Pawar group as he held it to be the real NCP, but the decree was against it.
Justice Kulkarni said there was no interim relief plea, and it will issue a notice and hear the matter in March.
The petition said Patil had sought disqualification of the 10 MLAs under Maharashtra Legislative Assembly Rules (on the grounds of defection), and the Tenth Schedule of the Constitution, which provides for it. The defence of a 'split' was omitted in 2003 from the Tenth Schedule, it said.
Patil's petition said the challenge to the Speaker's order is against his refusal to disqualify the 10 MLAs "despite their brazen conduct detrimental to the NCP". It said the Speaker failed to properly interpret the provisions of the Tenth Schedule while refusing to disqualify the MLAs. "Given that the group led by Sharad Pawar does not constitute the 'real' party, they ought to be disqualified under the... Tenth Schedule, given that the said group had split and formed a separate splinter faction. Not doing so would run contrary to the object and rationale for removal...-the defence of split."
It said on June 30, 2023, a meeting of NCP members was called, given a mounting dissent with its functioning, and Ajit Pawar was elected as leader of NCP legislature party as well as national president of NCP. Ajit Pawar filed a petition before EC the same day, citing the "defiance" of the 10 MLAs of the Sharad Pawar camp and sought the party symbol - clock - and to be recognised as the real NCP, which the EC later did, the petition added.