Crucial legal pointers for Pawar vs Pawar from Sena vs Sena

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Hours after his nephew Ajit Pawar claimed that the NCP would ally with the BJP in the 2024 Lok Sabha and Maharashtra assembly elections, Pawar, 82, said that there is no need to fight legally the issues of vertical split in the party and Ajit Pawars claim over the NCP party name and symbol..

The senior Pawars indisposition might have factored in the rulings by the Supreme Court and the Election Commission of India (ECI) when Thackeray resorted to a bruising legal battle after Eknath Shinde triggered a similar rebellion, causing a vertical split in Shiv Sena last year..

While a bunch of disqualification petitions were moved against Shinde and the MLAs supporting him under the anti-defection law, he went to ECI claiming that his faction was the original Shiv Sena and not Thackerays faction..

Even as the court quashed Narwekars decisions on July 3, 2022, to recognise Shinde as the leader of the Shiv Sena legislature party and Bharat Gogawale as the chief whip, it left it to the BJP leader to recognise the new leader of the Shiv Sena legislature party and the chief whip again following an enquiry by him into the state of affairs when there could be two factions of the same party..

The five-judge bench ruling further held that nothing prevents an MLA facing disqualification proceedings under the anti-defection law from approaching ECI for the allotment of a party symbol a legal principle that may come handy for the Ajit Pawar faction..

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