NEW DELHI: The Supreme Courtis set to hear tomorrow Sharad Pawar-led faction's petition challenging the decision of the Election Commission of India (ECI) to recognize Ajit Pawar faction as the real NCP, according to the Causelist of the Supreme Court.
The three-judge bench of the Supreme Court, headed by Justice Surya Kant and also comprising Justices Dipankar Datta and K V Viswanathan will hear the matter tomorrow on February 19.
Sharad Pawar-led faction's petition had been listed in the Top Court, as item number 46, so it is expected that the matter would likely to come up for hearing at around 12pm.
Sharad Pawar-led faction on Monday February 12, had knocked the doors of the Top Court challenging the decision of the ECI to recognize Ajit Pawar faction as the real Nationalist Congress Party (NCP) The faction raised concerns about the EC's decision to hand over the clock symbol to Ajit Pawar's faction in its petition filed before the Top Court.
The faction led by veteran politician and NCP leader, Sharad Pawar on Friday had also sought urgent hearing before the Supreme Court challenging the decision of the ECI to recognize Ajit Pawar faction as the real NCP.
Senior advocate Dr Abhishek Manu Singhvi, appearing for Sharad Pawar led faction, on Friday had mentioned the matter before the Apex Court for urgent listing in the case. He said, because of poll panel order, Sharad Pawar will likely to face the whip of Ajit Pawar in the Maharashtra Assembly Session which is going to start on February 20.
“This is a matter of extreme urgency. Because of Election Commission order Sharad Pawar will be subject to the whip of Ajit Pawar. Session in Maharashtra starts next week. We have not been given any symbol at all,” Dr Singhvi said and pleaded to it seeking listing of the case on February 19.
The three-judge bench of the Top Court, led by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud and also comprising Justices JB Pardiwala and Manoj Misra, said it would look into the urgent listing of the case.
“Let me see. We will list it,” said the bench.
In earlier develoments in the case, the winning Ajit Pawar faction had already filed a caveat on February 07 in the Top Court, anticipating that the aggrieved and losing opponent, his uncle, Sharad Pawar faction, might appeal and move to SC against the EC order giving the former control over the name & symbol of the party.
The caveator, Ajit Pawar, in his application filed before the Apex Court, said that the SC should not pass any order without hearing his side.
The ECI in its order on February 06 ruled Ajit faction is the real NCP and gave clock symbol to it.
The ECI ruled in favour of the faction led by Ajit Pawar in connection with dispute in the NCP.
The ECI order was a major blow to Sharad Pawar and its faction. It is to be noted that the senior NCP leader is one the most influential, effective and charismatic leaders of India.
The ECI applied the test of majority in the legislative wing to determine which of the two factions can claim to be the real NCP.
The poll body noted that the total number of NCP MLAs in Maharashtra State assembly stood at 81. Out of this, Ajit Pawar submitted affidavits of 57 MLAs in his support while Sharad Pawar had only 28 affidavits.
In view of this, the commission concluded that the group led by Ajit Pawar enjoyed majority support of the legislators and can lay claim to being NCP.
The NCP was formed on June 1999, by Sharad Pawar, P. A. Sangma (now deceased), and Tariq Anwar after they were expelled from the Indian National Congress on May 1999, for disputing the leadership of Italian-born Sonia Gandhi.