Introduction:

The Election Commission of India (ECI) has officially recognized the Ajit Pawar faction as the legitimate Nationalist Congress Party (NCP), granting them entitlement to use the reserved “clock” symbol. This decision follows a longstanding factional rift within the NCP, primarily between Ajit Pawar’s group and the party’s former supremo, Sharad Pawar. The ECI’s ruling is based on the test of “legislative majority,” considering the faction’s majority of legislators, and sets the stage for the upcoming Rajya Sabha elections in Maharashtra.

The factional divide in the NCP emerged in July of the previous year, culminating in Ajit Pawar and Praful Patel aligning with the BJP-Shiv Sena alliance. Subsequently, Ajit Pawar assumed the position of Deputy Chief Minister of Maharashtra. The Ajit Pawar faction promptly sought official recognition from the ECI, triggering a symbol dispute within the party.

The ECI’s decision hinges on the “legislative majority” test, determining that the Ajit Pawar faction holds a majority of legislators (51/81). While other tests, such as “aim and objectives” and “organizational majority,” proved inconclusive, the legislative majority was deemed decisive by the Commission. The order allows the Ajit Pawar faction to use the NCP’s reserved “clock” symbol.

With Rajya Sabha elections imminent, the ECI permits the Sharad Pawar faction to choose a new name for their political formation. Failure to submit preferred names by February 7 will result in MLAs aligned with Sharad Pawar being treated as independents during the Rajya Sabha elections.

The Sharad Pawar faction has concurrently filed petitions with the Maharashtra Speaker seeking the disqualification of Ajit Pawar and supporting MLAs under the Tenth Schedule, alleging defection from the party. Initially setting a deadline for January 31, the Supreme Court extended the Speaker’s time to decide on disqualification petitions until February 15.