Trust vote may see 2 opposing whips for NCP

Can deputy chief minister Ajit Pawar issue a whip to Nationalist Congress Party (NCP) legislators to vote as per his choice even after the party has replaced him

Can deputy chief minister Ajit Pawar issue a whip to Nationalist Congress Party (NCP) legislators to vote as per his choice even after the party has replaced him as the party’s leader in the legislature with senior leader Jayant Patil?

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The Bharatiya Janata Party’s (BJP) bid to stake claim and form the government before Governor Bhagat Singh Koshyari on Saturday was based on the support letter of the 54 NCP, besides 11 independents legislators.

Ajit, as chief of the NCP legislative unit, submitted this support letter, which led to the formation of the BJP-led government in the state on Saturday.

While the BJP is arguing that Ajit is the legislative head of NCP and as such can issue a whip for the party MLAs, the NCP has called this a violation.

State NCP chief Jayant Patil on Sunday morning submitted a letter of the party with signatures of 41 MLAs electing him as the party’s legislative unit chief.

At the same time Ajit Pawar tweeted on Sunday evening indicating that he is not giving up the claim over the NCP.

His tweet said: “I am in the NCP and shall always be in the NCP and @Pawarspeaks Sabheb is our leader. Our BJP-NCP alliance shall provide a stable government in Maharashtra for the next five years which will work sincerely for the welfare of the state and its people.

Constitutional experts say this is a grey area and as such one cannot rule out the possibility of two opposing whips being issued for the NCP, one by Ajit Pawar and another by Patil, on the day of the confidence vote.

“There are conflicting opinions on this issue. I feel that Patil, who now represents the NCP, as the leader of the legislative party, can only issue a whip on the day of the confidence vote. The NCP has removed Ajit Pawar in a party meeting. The Speaker can adjudicate on this, but he has not yet been appointed,’’ said Ulhas Bapat, law and political science academic. Bapat said the Supreme Court order on Monday may give directives to be followed at the time of the trust vote, which will also speak about the position of the group leader.

Former advocate general Shreehari Aney said there could be a scenario of two opposing whips though he also believed that Ajit was technically on “weaker ground” now as the party had every right to change their group leader.

“The whip is to convey the decision of the party. If the decision is not to vote for the BJP, then the whip can’t be opposing that. The NCP can pass a resolution saying that they will not vote for the BJP. But, at the end of the day, how a majority of legislators vote despite the whip will decide if the government falls or stays,’’ said Aney.

Acting against the whip of a party can attract disqualification procedures under the 10th Schedule of the Constitution, the anti-defection law. The disqualification is decided by the Speaker based on a petition given a party or a member. “In any case, getting its own MLAs disqualified is not something the NCP would want with just 54 legislators, whether the group is from Ajit’s side or Sharad Pawar’s side. That’s why we think ultimately the entire party will support us,” said a BJP leader.

Bapat said unless Ajit has the support of 36 NCP legislators – two-thirds of the party strength – he and his supporters can face action under the anti-defection law and the government will fall.