Apex Court Issues Notice In Plea By Sharad Pawar's NCP Faction Challenging Refusal Of Speaker To Disqualify Members From Ajit Pawar's Group

The Supreme Court, today, issued notice in a petition filed by Leader Jayant Patil from Sharad Pawar's Nationalist Congress Party ('NCP') faction challenging the refusal of the Maharashtra Assembly Speaker Rahul Narwekar to disqualify members of the Ajit Pawar faction of the NCP.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered, "Issue notice. All objections including on grounds of maintainability will be decided at final disposal. Liberty to serve the other Respondents with dasti."

The Court also said that the petition will be heard along with the pending petition of the Shiv Sena, Udhav Thackery Faction, which challenges the Speaker's refusal to disqualify the MLAs belonging to the Eknath Shinde's Faction.

Senior Advocate Abhishek Manu Singhvi appeared on behalf of Patil whereas Senior Advocate Mukul Rohatgi appeared on behalf of Ajit Pawar.

Singhvi submitted that in February 2024, the Bombay High Court had issued a notice to the Speaker Rahul Narwekar and 10 MLAs belonging to Sharad Pawar's NCP faction on petitions challenging the speaker's decision to not disqualify them. Anil Patil, chief whip of the NCP led by Ajit Pawar, had filed two petitions challenging the speaker's decision to not disqualify 10 MLAs from the Sharad Pawar camp. 

Singhvi said, "I come to the Supreme Court here... Deliberately to delay this, they go to the High Court in a petition for defection filed by them...and now they plea to not me here and to go to the High Court." 

CJI said to Rohatgi, "But now the entire matter is pending before us."

Rohatgi replied, "The facts are completely different."

Singhvi submitted that the Speaker disqualified members from both the faction, so the Ajit Pawar faction filed a petition before the High Court and he has filed it at the Supreme Court. 

"I have chosen to come here, there are four Your Lordships Judgments, which say I can come directly here.", Singhvi submitted.

CJI said, "Only for our understanding, we will hear the matter one after the other. We will issue notice."

The Apex Court had on October 30 last year directed the speaker to decide the petition of Jayant Patil of the Sharad Pawar faction of the Nationalist Congress Party (NCP) seeking disqualification of the nine MLAs of the Ajit Pawar group by January 31, 2024. On the same day, it had also directed the speaker to decide the cross-petitions filed by the rival factions of the Shiv Sena seeking disqualification of each other's MLAs by December 31. The Court, later, had extended the deadline for Maharashtra Assembly Speaker Rahul Narwekar to decide the Sharad Pawar faction's plea seeking disqualification of NCP MLAs belonging to the bloc led by Deputy Chief Minister Ajit Pawar till February 15, 2024.

Cause Title: Jayant Patil v. Ajit Anantrao Pawar (SLP(C) No. 007957-007959/2024)