The Supreme Court has taken notice of the ongoing leadership tussle within the Nationalist Congress Party (NCP), as Sharad Pawar, a veteran leader, challenges the Election Commission of India's (ECI) decision to recognize his nephew Ajit Pawar's faction as the legitimate NCP.

The bench, comprising Justices Surya Kant and KV Viswanathan, has sought responses from Ajit Pawar and the ECI in response to Sharad Pawar's plea. Notably, the court has granted interim relief to the Sharad Pawar camp, allowing them to continue using the name "Nationalist Congress Party - Sharadchandra Pawar," as per the ECI's decision on February 7.

The crux of the matter lies in a rebellion within the NCP that occurred in July 2023, leading to a split in the party. The Ajit Pawar faction presently extends support to the ruling Eknath Shinde government in Maharashtra.

The ECI's decision, which recognized Ajit Pawar's faction as the legitimate NCP, was based on the submission of affidavits by MLAs. According to the ECI, Ajit Pawar had the support of 57 MLAs, whereas Sharad Pawar had only 28 affidavits. The ECI, however, rejected the application of a majority test in the organizational wing of the party, citing a lack of foundational basis for the details of the organizational structure, members, and their elections.

Senior Advocate Dr. Abhishek Manu Singhvi, representing Sharad Pawar, argued in the Supreme Court that his client would have to comply with Ajit Pawar's whip if the court did not provide relief. On the other hand, Senior Advocate Mukul Rohatgi, representing Ajit Pawar, contended that the case differed from previous instances, such as the Uddhav Thackeray and Eknath Shinde case concerning the split in Shiv Sena.

Justice Viswanathan noted that the ECI had found both factions in violation of the party constitution. The bench also remarked that Indian voters are intelligent enough to discern whom to vote for if both factions contest separately in the future.

The Supreme Court, in its latest directive, issued notice to Ajit Pawar and the ECI, directing them to file counter-affidavits within two weeks, with a rejoinder, if any, within one week thereafter. The court affirmed the Election Commission's decision to allow the use of the name "NCP Sharadchandra Pawar" and scheduled the next hearing for three weeks later.

Case: Sharad Pawar vs Ajit Anantrao Pawar and anr.