Hearing on split in NCP ends; poll panel reserves decision

The Election Commission of India (ECI) on Friday reserved it decision after hearing arguments from both factions of the Nationalist Congress Party (NCP) over their claim to party name and symbol and asked them to file a written submission within a week, people aware of the development said.

The Ajit Pawar faction, which was represented by Mukul Rohatgi and Neeraj Kishan Kaul, ended their argument with a request to ECI to not consider an organisational test for deciding which is the original NCP. This was, however, opposed by Abhishek Manu Singhvi, counsel for Sharad Pawar camp, on grounds that various judgements in the country had shown that an organisational test could be very important in such cases.

Later, speaking to the media, Singhvi said the rival faction’s demand against an organisational test was proof of their defeat in the party organisation.

“Firstly, we pointed out that the other side (Ajit Pawar faction) had clearly given up and run away from the organisational test of the party. That desperate attempt to abandon the organisational test is proof of the absence of numbers on their side. They know that even if most of MLAs are with them, they do not have a majority in the party organisation. Secondly, Ajit Pawar faction tried to claim that elections in NCP were false and fraudulent. We have cited several judgements to show that if you have grievance about elections, you must file a civil suit. Admittedly they have done nothing of the sort. On the other hand, without going to a court they say elections were bad and therefore gave up the organisational test. I call it a double whammy of conceptual errors. Thirdly, we pointed to the judgement in the case of Subhash Desai that an organisational test could be very important while a legislative test could be ignored in a disqualification case,” Singhavi said.

He also said Ajit Pawar faction’s argument that there was a dispute in the party from 2019 was hypocritical and false as Ajit Pawar accepted various posts, including deputy chief minister, in the Maharashtra Vikas Aghadi government and later the leader of opposition in the assembly.

Leaders from Ajit Pawar group refuted Singhvi’s argument.

“We argued that organisational elections of NCP were not conducted as per the party constitution, so there is no validity to the posts of office bearers. Therefore, we said while considering the majority the people who were elected after a proper election should be considered,” a senior leader from Ajit Pawar camp said.

NCP MP Supriya Sule and MLA Jitendra Awhad were present on the last day of the hearing.