Maharashtra deputy CM Ajit Pawar said: “Election Commission has ruled in our favour after listening to the arguments of our lawyers.We welcome this humbly.”
Regarding the tests of maintainability, such as tests of aims and objectives of the party constitution, the test of the party constitution, and the test of majority in the organizational wing, the EC found both groups to be working outside the party constitution and the organizational elections, not in order. The occupants of the party posts were primarily assessed to be appointed by self-nominated members of the electoral college, against internal party democracy.
Also, serious inconsistencies were found in terms of timelines mentioned in the claim of the Sharad Pawar group to having the organizational majority. The claim was thus assessed by the EC as unreliable.
However, keeping in view the imminent elections to six Rajya Sabha seats from Maharashtra — the notification for which is to be issued on February 8, 2024 — the EC, in a special concession to the Sharad Pawar group, allowed it a one-time option to claim a name for its new political formation and send three preferences to the EC by 3 pm on February 7. This will enable the Pawar faction to comply with Rule 39AA of the Conduct of Elections Rules 1961, which allows the authorized agents of political parties to verify for whom an elector, who is a member of a political party, has cast his vote.
The implications of Para 15 of the Symbols order, i.e., the ruling as laid down in the matter of the amalgamation of Indian Congress (Socialist) and Nationalist Congress Party (ECI order of Aug 4, 1999), were relied upon in the matter pertaining to Rajya Sabha elections.
The Commission, meanwhile, also advised all political parties to adopt good disclosure practices related to organizational elections and internal party democracy. “Perhaps the time has come for political parties to consider voluntary, wider public disclosures of party constitution; amendments thereof, if any; internal electoral steps such as the publication of electoral college, dates of elections, time and venue of elections of different tiers, candidates, complaint redressal mechanisms within their organizations, and the list of elected office bearers, etc. Such disclosures on their websites shall keep the most valuable stakeholder of our electoral democracy, that is the electorate at large, duly informed,” the EC stated in its final order on the NCP symbol dispute.
Murder of democracy: Anil Deshmukh
Slamming EC’s decision, Maharashtra leader Anil Deshmukh said: “Today, the Election Commission has given Sharad Pawar’s party’s name and symbol to Ajit Pawar. A similar decision was taken in the case of Shiv Sena. NCP was founded by Sharad Pawar. He had been the president of the party for years. The Election Commission’s decision under pressure is the murder of democracy. This is unfortunate.”
Shiv Sena (UBT) MP Priyanka Chaturvedi said: “I am not surprised at all. A man who was charged of corruption of worth Rs 70,000 crore … today stands shoulder-to-shoulder with the BJP … Ajit Pawar happens to be the Deputy CM of Maharashtra … It goes against the spirit of Schedule 10 of the Constitution … It is sponsored, planned and executed by the central government to try and silence those voices which speak for the people of this country, which speak strongly against the growing dictatorial tendencies of the government.”