The Bombay High Court has upheld the de-affiliation order against the Nationalist Congress Party (NCP) faction led by former Union Minister and veteran political leader Sharad Pawar. The ruling is a significant development in the ongoing legal battle between the two factions of the NCP following the split in the party.
Background: NCP Split
The Nationalist Congress Party underwent a major split in mid-2023, when a faction led by Ajit Pawar — Sharad Pawar’s nephew — broke away and joined the ruling Mahayuti alliance in Maharashtra, comprising the BJP, Shiv Sena (Shinde faction), and the Ajit Pawar NCP faction. The Election Commission of India subsequently recognized the Ajit Pawar-led faction as the “real” NCP and granted it the party’s name and election symbol.
Sharad Pawar’s faction contested this recognition and the consequent de-affiliation of his group from the party name and symbol. Multiple legal challenges were filed before the Election Commission, the High Court, and the Supreme Court.
Bombay High Court Ruling
The Bombay High Court has now upheld the de-affiliation order affecting Sharad Pawar’s faction. The detailed grounds of the ruling are expected to provide important guidance on issues of party splits, the recognition of factions, and the legal framework governing political parties in India.
Legal Framework: Tenth Schedule and Anti-Defection Law
The legal battles over party splits in India are governed primarily by the Tenth Schedule to the Constitution (anti-defection law), the Symbols Order issued under the Representation of the People Act, and the Supreme Court’s jurisprudence on these matters. The Supreme Court’s landmark ruling in Subhash Desai v. Principal Secretary, Governor of Maharashtra (2023) — the Shiv Sena split case — laid down important principles about the validity of mergers and splits in political parties.
Significance
This judgment has significant implications for Maharashtra’s political landscape and contributes to the evolving jurisprudence on political party splits in Indian constitutional law.
Court: Bombay High Court | Source: LiveLaw | June 2026
