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CJI to Shinde: Ignoring political parties after being elected, isn’t a danger to democracy?

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 The Supreme Court on Thursday queried Maharashtra Chief Minister Eknath Shinde’s counsel, that ‘if completely ignoring political parties after being elected, is it not a danger to democracy?’

Shinde’s counsel submitted that his client is not disqualified, and he has also not left the party, and emphasized on the aspect of dissent within a political party.

Senior advocate Harish Salve, representing Shinde, submitted that disqualification under the Tenth Schedule of the Constitution takes place, only if the Speaker reaches a conclusion that a member has voted against the stand of a party. Salve added that if the Speaker of an Assembly takes one or two months to decide on disqualification pleas against MLAs, then what does this mean? That they should stop attending the proceedings of the House? He further added, “There is no per se illegality principle, until and unless there is a finding of disqualification…”

A bench headed by Chief Justice N.V. Ramana and comprising Justices Krishna Murari and Hima Kohli said, “What is the use of whip then? Does anti-defection apply to only those things?”

Salve replied that the anti-defection law cannot be an anti-dissent law.

The Chief Justice queried, if completely ignoring political parties after being elected, is it not a danger to democracy? Justice Ramana further queried “You say this court and high court should not hear this and this is after you had approached us first.”

Salve said that in facts of this case, there is nothing to show that these people left the party. The Chief Justice told Salve, “Today you say the court can’t go into the issue…because the Speaker has the power”. Salve said, “I am not disqualified, I have not left the party…”

Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted that there was no need to refer the issue to a constitution bench.

The Chief Justice posed a query, suppose there are two groups saying we are the real political party, and general members of the political party cannot claim to recognise who is the original political party. Sibal contended that a group may say that they have the support of 40 out of 50 MLAs, so they are the real political party. He added, if the 40 are disqualified? If the Election Commission decides one way or the other, what happens to this defection?

Senior advocate Abhishek Manu Singhvi, also representing the Thackeray group, said that till this court decides, how can Election Commission decide this issue, and later they would say that these proceedings are infructuous?

Senior advocate Arvind Datar, representing the Election Commission, submitted that disqualification of rebel MLA means their disqualification from the House, not from the political party. Datar added that this is not a political issue and the Tenth Schedule cannot interdict this. “I can only decide who can have the symbol after the evidence is adduced,” said Datar.

After hearing arguments, the top court orally asked the Election Commission of India to not take any precipitative action on the claim raised by the Shinde group for recognising them as the real Shiv Sena party in the meanwhile, and allow Thackeray faction to submit their response. The top court said it will decide by Monday whether to refer to a larger bench regarding the constitutional questions involved in the disqualification of MLAs arising from the Maharashtra political scenario.

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Shinde takes a dig at Uddhav Thackeray over his meeting with CM Fadnavis

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Nagpur, Dec 18: Maharashtra Deputy Chief Minister Eknath Shinde on Wednesday took a dig at Shiv Sena-UBT chief Uddhav Thackeray over his meeting with Chief Minister Devendra Fadnavis, saying it was like “meet this one, meet that one and go home next day.”

He thereby downplayed the meeting between Thackeray and Fadnavis.

“Anyone can meet the Chief Minister. The Chief Minister is the head of the state. The opposition party also meets him. The leaders of other parties of the opposition party also meet him. I see a radical change in those who criticised him severely, talked about ending him, and talked about putting him in jail. It is not wrong to meet Devendra Fadnavis,” said Shinde.

On the other hand, Shiv Sena legislator and former minister Deepak Kesarkar said “If Uddhav Thackeray had held such a meeting earlier (with Devendra Fadnavis), Shiv Sena would not have been divided into two.”

“Earlier, Uddhav Thackeray had not even responded to Devendra Fadnavis’ telephonic calls. Uddhav Thackeray abandoned Balasaheb Thackeray’s idea of Hindutva for the post of Chief Minister. Eknath Shinde had no other demand. Eknath Shinde’s only demand was that we should go with the idea of Hindutva. We should not go with the Congress. But if Uddhav Thackeray had met Devendra Fadnavis then, all this would not have happened. Devendra Fadnavis called Uddhav Thackeray many times in 2019. But now it is too late. Now the MahaYuti government has come back to power again,” said Kesarkar.

Meanwhile, Shinde slammed the opposition for their campaign against EVMs, saying that “When the poll results go against them, allegations are made against EVMs.”

“When the results are in favour of the Maha Vikas Aghadi, then EVMs are good. For them, the Election Commission is good. The Supreme Court and the High Court are also good. When the results are against them, then they start blaming EVMs. The opposition has been doing this for the last few days. In 2004 and 2009, voting was done on EVMs and the Congress won. When you win, you praise that system,” he added.

“Even the Supreme Court said that when you win, you don’t come to us and when you lose, you come to us. This is a double standard. After winning the Lok Sabha elections, you (the opposition) didn’t talk about EVMs. Omar Abdullah has also slammed the Congress,” said Eknath Shinde.

He said that Congress should not insult the mandate otherwise the people will make them sit at home. Shinde also ridiculed Uddhav Thackeray for his demand that the appointment of Election Commissioner be made through election.

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Commuters inconvenienced with ‘rail roko’ protest by farmers in Punjab

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Chandigarh, Dec 18: Railway commuters faced inconvenience in Punjab on Wednesday after farmers squatted on rail tracks in support of their long-pending demands, including the legal guarantee of the minimum support price (MSP) for crops.

However, no untoward incident was reported in the state. The protest, at the call of the Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha, was carried out at over 100 locations in the state, badly impacting the railway services.

Kisan Mazdoor Morcha leader Sarwan Singh Pandher claimed that the three-hour “rail roko” call got a good response in the state.

The impact of the protest was more viable in Moga, Faridkot, Ferozepur, Amritsar, Tarn Taran, Batala, Qadian, Phillaur, Tanda, Dasuya, Hoshiarpur, Ludhiana and Sunam towns.

Farmers of both outfits have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after their march to Delhi was stopped by security forces.

While hearing a petition, the Supreme Court on Wednesday said the court’s doors were “always open” to the demands and suggestions of protesting farmers, after they refused to engage with the Punjab government-formed committee.

The Punjab government told the apex court that despite several meetings with fasting farmer leader Jagjit Singh Dallewal, the farmers had rejected interactions with the state’s high-powered committee.

Protesting farmers, whose bid to enter Haryana in support of their long-pending demands was foiled thrice, halted the trains to lodge their protest and press their demands.

The 70-year-old cancer patient Dallewal has been fasting at Khanauri, the border point between Punjab and Haryana, since November 26 in support of their demands that included loan waiver and reforms to improve conditions in the agricultural sector.

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Thackeray to PM Modi: Apologise for Amit Shah’s comments on Ambedkar

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Nagpur, Dec 18: Taking strong umbrage over Union Home Minister Amit Shah’s comments on Dr B. R. Ambedkar, Shiv Sena (UBT) President Uddhav Thackeray called upon Prime Minister Narendra Modi to apologise for the utterances or quit, here on Wednesday.

Thackeray, a former Maha Vikas Aghadi (MVA) Chief Minister, played the tapes of Shah’s comments that have sparked a massive political row in Maharashtra and other parts of the country, especially among the Dalit communities.

Shah said that rather than chanting ‘Ambedkar, Ambedkar, Ambedkar, if you invoke the name of God, you will get heaven in seven births’ – that has kicked up a storm among Dalits and Ambedkar followers.

Slamming the Bharatiya Janata Party (BJP), Thackeray said that Shah would “not dare to say such a thing unless prodded by the BJP-RSS”, and demanded to know whether Prime Minister Modi and Maharashtra Ministers in the Union Cabinet were in concurrence with it.

“Maharashtra has given two great sons to the world, Chhatrapati Shivaji Maharaj and Dr Ambedkar who gave us the Constitution. After ranting ‘Nehru, Nehru’ for years, they are attacking Dr Ambedkar. We will not tolerate any kind of insults to them,” fumed Thackeray.

He said that Modi-Shah must apologise to the nation or quit for the slight to Ambedkar that has shaken the poor and downtrodden masses, warning that they will not forgive the BJP.

Countering Shah, SS (UBT) Deputy Leader Sushma Andhare declared that Ambedkar is indeed a divine personality for millions who worship him daily for his services to the downtrodden, the deprived and the poorest sections of society.

Other MVA leaders like Nationalist Congress Party (NCP) General Secretary Dr Jitendra Awhad, Congress’ state President Nana F. Patole and Dr. Nitin Raut, SS (UBT)’s Priyanka Chaturvedi and Sanjay Raut, and Vanchit Bahujan Aghadi President Prakash Ambedkar, also attacked the BJP and Shah for displaying their “utter contempt for Dr. Ambedkar and the Constitution”.

Thackeray contended that the BJP — which secured a brute majority in the November 2024 Maharashtra Assembly polls — has continued to denigrate the icons like Chhatrapati Shivaji Maharaj, Dr B.R. Ambedkar, Mahatma Jyotirao Phule and Savitribai Phule.

“A former governor Bhagat Singh Koshyari had made objectionable remarks against the legendary Phule couple… The statue of the Chhatrapati (in Sindhudurg) crashed just eight months after it was inaugurated by the PM… And now Shah’s statement in the Parliament,” said Thackeray.

Lashing out at Shah, Thackeray pointedly asked Shah, “whether you will get Heaven by chanting ‘Modi, Modi’ daily”, adding that now the BJP’s attitude against the respected and venerated personalities ‘has crossed all tolerable limits’ in the past few years.

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