Ajit Pawar's faction is real Nationalist Congress Party, declares Election Commission

In a significant boost to Maharashtra Deputy Chief Minister Ajit Pawar, the Election Commission of India on Tuesday declared his faction as the real Nationalist Congress Party (NCP). The election body made the decision on the basis “Test of legislative majority" factor which worked in the favor of Ajit Pawar.

The decision comes as a setback for his uncle, and senior leader Sharad Pawar against whom in July 2023 to join the Eknath Shinde-led Maharashtra government. The development is expected to start another legal tussle among the NCP factions and Sharad Pawar-led MLAs are expected to approach the courts against the ECI's decision.

Like in the case of dispute between two factions of Shiv Sena, the examined the applicability of three tests i.e., “Test of Aims and Objectives of the Party Constitution" "Test of Party Constitution" and "Test of Majority" to adjudicate the NCP dispute case.

“Firstly, with respect to the “Test of Aims and Objectives of the Party Constitution," it was seen that neither of the rival factions had rata dosterded that their faction was following the aims and objectives of the Party Constitution and that the other side was violating it. Hence, this test was found to be ," the ECI said.

Secondly, with respect to the “Test of Party Constitution," it was seen that while both the rival factions had no dispute on the Party Constitution, they were not adhering to the same and thus, this test also failed to give any determinative result, it added.

Finally, the ECI relied on the “Test of Majority" to decide the dispute and then proceeded to determine it on the basis of the test of majority in the legislative wing.

"The Commission examined the affidavits of support filed by both the factions and concluded