Ajit Pawar: I Am the National President of NCP, Sharad Pawar’s Appointment Void | Maha Twist

Maharashtra’s deputy Chief Minister Ajit Pawar on Wednesday claimed that he was the President of the Nationalist Congress Party (NCP), citing the resolution “signed by an overwhelming majority of members of the NCP on June 30”. He has also informed the Election Commission of India (ECI) about it, terming Sharad Pawar’s appointment as the National President as “void and ab initio”.

“A Resolution dated 30th June 2023 signed by overwhelming majority of members of NCP, both from the legislative and organisational wing was passed thereby electing Ajit Anantrao Pawar as the President of NCP. Praful Patel was and continues to be one of the working presidents of NCP. The NCP also decided to appoint Ajit Pawar as the leader of NCP Legislative Party in the Maharashtra Legislative assembly and the said decision was also ratified by the resolution passed by an overwhelming majority of NCP MLAs. At present, the entire structure of the NCP including the post of President is heavily flawed in as much as none of the appointments has been made in terms of the provisions of the NCP Constitution. No election process for any post including that of the President has been followed,” said the statement.

Currently, Sharad Pawar is the NCP President and his daughter Supriya Sule is the Working President of the party. “Ajit Anantrao Pawar continues to command support of an overwhelming majority of the members of NCP, both the legislative and organizational wing. No orders or directions passed by anyone in the party has any effect on any of the members of the NCP till such time the matter is decided by the ECI,” it further said.

THE BATTLE in ECI

Earlier, ECI sources also confirmed that the battle had reached them and Ajit Pawar has filed a petition before the poll body under the Symbols Order, 1968, along with affidavits of “40-odd MLAs/MLCs/MPs” and also a resolution unanimously electing him as the NCP President.

Sources at the poll body told News18 that action will be taken by the Commission as per the extant legal framework. “The ECI is in receipt of an undated resolution unanimously electing Ajit Pawar as the President of NCP. The ECI also received a petition on July 5, which was dated June 30, under Para 15 of the Symbols Order, 1968, followed by 40 odd affidavits of MPs/MLAs/MLCs,” sources said.

Ajit Pawar says that an attempt is being made by certain elements within the NCP “to spread a sense of fear and confusion amongst the elected representatives of the NCP and also the party cadre working in different organisational posts of NCP”.

“There was a grave feeling of discontent amongst various members of the NCP, both from the elected/legislative wing and the organisational wing that the affairs of the party are being dictated in violation of the provisions of NCP Constitution and Rules and decisions were taken unilaterally without taking others into confidence. Even the office bearers appointed on various committees of NCP are not holding the office legally. Since, their appointments are also de-hors the constitution of NCP,” Ajit Pawar’s statement said.

Ajit Pawar said the earlier appointment of Jayant Patil as the State President of Maharashtra NCP was patently illegal, as it was done without following any procedure mandated by the constitution of the NCP. “Jayant Patil was appointed as the interim State President of Maharashtra NCP by Praful Patel. Therefore, Praful Patel, in his capacity as the Working President of the NCP, has removed Jayant Patil from the post of State President of Maharashtra NCP. Sunil Tatkare has being appointed as the State President of Maharashtra NCP,” Ajit Pawar said.

He further said that it is learnt from various news reports that Jayant Patil, in his alleged capacity as State President of Maharashtra NCP, has filed disqualification petitions against Ajit Pawar and other members, who have taken the oath as ministers. “It is also learnt that Jitendra Awhad has been appointed as the leader of opposition and the chief whip. Disqualification petitions have also been filed by Anil Bhaidas Patil against Jayant Patil and Jitendra Awhad. Thus, there are rival disqualification petitions pending on the file of the Hon’ble Speaker,” Ajit Pawar said.

‘SHARAD PAWAR’S APPOINTMENT IS VOID’

Ajit Pawar has claimed the National President (Sharad Pawar) as well as all the other office-bearers of the party were appointed in an alleged National Convention dated 10th/11th September 2022. “The said appointment is itself a void and ab initio since there is absolutely no record of the persons who attended the national convention and voted in favour of Sharad Pawar. The appointment of Jayant Patil as the State President of Maharashtra NCP is also in contravention to the provisions of the NCP Constitution and therefore the working president of NCP vide his letter dated 2nd July 2023 has removed Jayant Patil from the said post. Further, Sunil Tatkare has been appointed as the State President of Maharashtra NCP,” Ajit Pawar said.

He further said the power to decide the issue as to who represents the real Nationalist Congress Party lies in the exclusive domain of the Election Commission of India. “It is only after the final decision is taken by the ECI that the identity of the real leader of NCP will be established and it is only thereafter that any decision about appointment or removal of office bearers can be taken. Therefore, in the absence of any decision by the ECI, the expulsion of Praful Patel and Sunil Tatkare from the party are without any authority of law and thus illegal,” he said.

THE SPEAKER’S ROLE

“Further, there are rival disqualification petitions pending on the file of the Hon’ble Speaker. The jurisdiction to rule on disqualification petition is exclusively with the Speaker. Thus, unless a final decision is taken by the Speaker, it is palpably wrong for anyone within the party to suggest or insinuate that either Shri. Ajit Pawar or any of the ministers are or would be disqualified. The statements to that effect are been given with the mischievous object of spreading fear and confusion amongst the rank and file of the NCP.”

When faced with rival contentions as to who is the leader of the legislature party or the chief whip, the Speaker must conduct an independent enquiry based on the rules and regulations of the political party to identify the leader of the legislative party or the whip.

In the present case also, there are disqualification petitions filed by both factions and rival claims of legislature party leader and whip which is within the exclusive jurisdiction of the speaker of decide. Unless such a decision is made, no person from the party can take any action on the assumption that he is legally appointed whip of the NCP.

While deciding a petition under the Symbols order, 1968, the ECI may apply a test that is best suited to the facts and circumstances of the case before it. Thus, in the present matter, unless a final decision is taken by the ECI by applying a test that it considers fit, no action can be taken by anyone vis-a-vis removal, expulsion etc. of party members.

Jayant R Patil, President, Maharashtra State NCP, has filed for caveat through an email on July 3, the official added. Further, the poll body on July 3 also received a letter from Patil informing that disqualification proceeding has been filed before the competent authority for disqualification of nine members of Maharashtra Legislative Assembly.

The ECI official said that it has registered the dispute and “action will be taken by the Commission as per extant legal framework”.​