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Synopsis

The Bombay High Court has issued notice in the petition filed by the Deputy CM Ajit Pawar’s Faction challenging the Maharashtra Assembly Speaker’s decision not to disqualify the 10 MLAs of Sharad Pawar Faction.

The division bench of the high court comprising Justice GS Kulkarni and Justice Firdosh Pooniwalla issued notice and posted the matter to be heard on 14th March.

Senior Advocate Mukul Rohatgi, appearing for the Chief Whip of Ajit Pawar Faction, Anil Patil, submitted that the Election Commission and Assembly Speaker had recognized Ajit Pawar Faction as the real NCP, emphasizing that the Sharad Pawar Faction ought to be disqualified.

Anil Patil, chief whip of the Ajit Pawar Faction, has challenged the February 15 order of the Maharashtra Assembly Speaker.

The Speaker dismissed the petitions filed by the Ajit Pawar Faction seeking the disqualification of MLAs from the Sharad Pawar Faction.

The petition, filed through Advocate Shrirang Varma, argues that since the Speaker recognized the Ajit Pawar Faction as the real NCP, the MLAs from the Sharad Pawar Faction should be disqualified.

The petition contends that the Speaker failed to consider the submissions of the Ajit Pawar Faction correctly and made an error in not disqualifying the Sharad Pawar Faction.

The Speaker’s order came after the split in the party in July 2023, with Ajit Pawar's faction joining the Eknath Shinde-led government.

Subsequently, Sharad Pawar filed disqualification petitions against the Ajit Pawar faction. In response, cross-petitions were filed by the Ajit Pawar faction seeking the disqualification of the Sharad Pawar faction

The Election Commission has also recently ruled in favour of the Ajit Pawar Faction and allowed them to use the ‘clock’ symbol of NCP.

Sharad Pawar’s plea challenging the ECI’s order is pending before the top court. 

Case title: Anil Bhaidas Patil vs Jayant Patil & Ors