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Plea against Delimitation Commission in Jammu and Kashmir, Supreme Court seeks Centre, Election Commission response

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The Supreme Court on Friday sought reply from the Centre, the Jammu and Kashmir administration, and the Election Commission (EC), on a plea against the constitution of the Delimitation Commission to redraw the Assembly and Lok Sabha constituencies in the Union Territory.

Counsel representing the petitioners submitted before a bench headed by Sanjay Kishan Kaul that the delimitation exercise, which was carried out recently, was contrary to the scheme of the Constitution, as the alteration of boundaries could not be done.

The bench, also comprising Justice M.M. Sundresh, then asked counsel why the petitioners did not challenge the constitution of the Commission, which was formed some time ago. As counsel contended it is the Election Commission, as per delimitation order, which is empowered to do any changes, the bench further queried from the petitioners’ counsel as to why his clients did not challenge the formation of the Commission itself?

Solicitor General Tushar Mehta said the plea contends that delimitation can be conducted only by the EC and not the Delimitation Commission.

While objecting to some submissions, the bench told counsel that Kashmir was always part of India and just a special provision was removed.

Mehta said their case is that after Article 370 is gone, the census will only take place in 2026. He further added that delimitations are of two types: one based on geography done by the Delimitation Commission, and the other, by the Election Commission in connection with reservation of seats.

The petitioner’ counsel further argued that the government will place the delimitation order before Parliament, which would further complicate the matter. To this, the bench asked why the petitioners didn’t take it up two years ago.

After hearing the arguments, the top court issued notice to the Centre, J&K administration, and the poll panel, giving them six weeks to file their response, and scheduled the matter for further hearing on August 30.

The plea moved by Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo, both residents of Kashmir, sought directions seeking a declaration that increase of number of seats from 107 to 114 in Union Territory of Jammu & Kashmir is ultra vires the constitutional provisions such as Articles 81, 82, 170, 330, and 332 and statutory provisions particularly under section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

The plea also urged the top court to issue to direction to declare notification issued on March 6, 2020, constituting the Delimitation Commission to take up delimitation in the UT of J&K and states of Assam, Arunachal Pradesh, Manipur and Nagaland is violative of Article 14 of the Constitution.

“In fact, in the State of Jammu and Kashmir, the census operation was completed in 2001, but the delimitation was done in 1995. Even on this count, the entire process adopted is unconstitutional as there is no population census operation during 2011 at all for Jammu and Kashmir,” said the plea.

The plea argued that if August 5, 2019 was to unite the Jammu and Kashmir state with India, then the delimitation process defeats the “new order” of one nation and one Constitution in the country. It said: “While Article 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?”

Maharashtra

Mumbai: MLA and SP leader Abu Asim Azmi appeals to avoid sacrificing animals in the open on Eid-ul-Azha

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Mumbai: Mumbai Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has appealed to Muslims not to perform Qurbani in the open and also follow BMC and government guidelines. Cleanliness is half of faith, so take special care of cleanliness. Not only this, it is mandatory to follow all the guidelines and guiding principles set regarding Qurbani. Take special care of cleanliness and ensure that the brothers and sisters of the country do not face any kind of trouble on Eid-ul-Azha. This is the real teaching of Islam. Celebrate Eid with mutual love, brotherhood and following Sunnat Ibrahimi. Azmi said that the waste of Qurbani on Eid should also be kept in bags and thrown in the dustbin.

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Maharashtra

Mumbai Congress delegation meets Municipal Commissioner, expresses grave concern over poor condition of city

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Mumbai: Today, a high-level Congress delegation led by Mumbai Congress President and MP Prof. Varsha Tai Gaikwad met BMC Commissioner Bhushan Gagrani. The delegation included MLA Aslam Shaikh, MLA Amin Patel, MLA Dr. Jyoti Tai Gaikwad, former corporator Haji Babbu Khan and other former corporators of Mumbai Congress.

Several important issues were raised in the meeting on administrative collapse, corruption and deterioration of public amenities in Mumbai.

‎🛑 Highlights of the meeting:

‎🔸 Increase in property tax without public approval
Violating the directions of the Supreme Court, the BMC increased property tax in the absence of elected representatives. The Congress strongly opposed this unconstitutional move and called it a financial burden on the people of Mumbai.

‎Scams in road construction
‎There is a possibility of massive corruption in the concreting of roads. Only 25% of the work has been completed so far and that too has been hampered by poor quality, damage to pipelines and serious irregularities in tendering – particularly in the inorganic phosphate based geo-polymer concrete tender.

‎🔸 Drain cleaning scam

Drain cleaning before the monsoon has become a sham. All the work has been handed over to contractors, no monitoring, no accountability. The Congress has demanded immediate and strict action.

‎🔸 Medical facilities in ICUs

BMC hospitals – like Baba, Rajawadi, Shatabdi and Bhagwati – are in a shambles. Patients are being forcibly sent to private hospitals, while privatisation of hospitals and delay in development work have worsened the problems.

‎🔸 Waste management
‎The sanitation system is already failing and now the BMC is considering imposing a “garbage tax”. In areas like Kurla and Borivali, the sewer line work has been incomplete for years.

‎🔸 Failure of the education system:

BMC school children have not yet been given books and uniforms. The commissioner has given a deadline of June 15. If this work is not completed, the Congress will again come out with questions on June 16.

‎🔸 Delay in housing schemes and PAP projects:

Housing schemes, PAP and redevelopment projects in areas like Andheri, Vakola, Khar have been victims of builder fraud, misuse of TDR and government negligence.

‎🔸 Other important issues

Corruption in central procurement process

Delay in approving hawking policy

Acute lack of facilities in Muslim graveyards

🗣️ Congress demands:

✅ ACB should investigate contractor mafia in BMC

✅ Independent audit of drain cleaning and road construction works

✅ Independent monitoring body should be formed for BMC tenders

Mumbai cannot be left at the mercy of a neglected and corrupt system. Congress will continue to fight at every level by becoming the voice of the people of Mumbai!

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Maharashtra

Pakistani PIO spy Ravinder Verma in judicial custody

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Mumbai: The court has ordered the remand of Pakistan Intelligence Operative PIO spy Ravinder Verma from ATS remand to judicial custody. Ravinder Verma of the police station is accused of providing secret information to Pakistan, after which the ATS arrested him. Ravinder Verma’s defense lawyer Rupali Shinde said that her client does not have any secret money more than Rs 2,000 in his account, but the ATS opposed it and said that money was also transferred to him from other accounts, after which the court ordered the accused to be kept in judicial custody for 14 days. The defense lawyer said that the girl with whom Ravinder Verma was in contact is not Preeti Jaiswal, but Jaspreet, and he was in contact with her and was affected by the honey trap and this girl is from Punjab and Delhi. The ATS has interrogated the accused, in which the ATS has been provided with many important details.

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