Explained | How ECI reached decision to recognise Ajit Pawar-led group as 'real' NCP?

The panel said it found 'serious inconsistencies in terms of timelines in the claim of the Sharad Pawar group on 'organisational majority', which, it said, resulted in 'unreliability of their claim'.

In a major setback for NCP founder Sharad Pawar, the Election Commission of India (ECI) announced on Tuesday that the faction led by his estranged nephew Ajit Pawar is the 'real' Nationalist Congress Party (NCP). The NCP symbol 'Clock' was also allotted to the group led by Maharashtra Deputy Chief Minister.

The NCP 'name and symbol' row began after Ajit Pawar walked away with a majority of party MLAs in July last year and supported the BJP-Shiv Sena government led by Chief Minister Eknath Shinde in Maharashtra.

Here's how the ECI arrived upon the decision:

The ECI took into account three laid-out tests to make its decision, namely a) Test of aim and objectives of the party constitution b) Test of party constitution c) Test of majority to adjudicate the present dispute.

The first two tests, the ECI said, failed to give any outcome, hence it based its decision on the test of majority, as per Times Now.

“With regard to the organizational wing, it was seen that the constitution of the apex representative bodies of the NCP that the working committee and National Committee were shrouded with doubt in view of the disputed organizational elections held in the year 2022. In the absence of any coherent and substantial document brought on record which would have otherwise shown that these bodies were constituted as per party constitution and thus undisputed, the Commission proceeded to determine the present dispute case on the basis of test of majority in the legislative wing," Times Now quoted the judgment.

Examining the affidavits of support filed by both groups, the commission came to a conclusion that the group led by Ajit Pawar enjoyed majority support among the legislators. Ajit Pawar had secured 41 affidavits in its support, while Sharad Pawar got 15, the publication reported.

"The test of majority in the legislative wing found favour in this circumstance of the case, where both groups have found to be working outside the party constitution and the organisational elections," the poll authority observed.

The panel said found "serious inconsistencies in terms of timelines in the claim of the Sharad Pawar group on organisational majority" which, it said, resulted in "unreliability of their claim".

(With PTI inputs)