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Right to contest election neither fundamental, nor common law right: Supreme Court

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The Supreme Court has observed that the right to contest an election is neither a fundamental right nor a common law right and imposed Rs 1 lakh cost on a litigant who sought to contest Rajya Sabha polls without a proposer to propose his name.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia said: “An individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act.”

The top court noted that petitioner Vishwanath Pratap Singh filed a writ petition before the Delhi High Court raising a grievance that a notification for election to Rajya Sabha was issued on May 12, to fill up the seats of members retiring from June 21 to August 1, and the last date for submission of the nomination was May 31.

“The stand of the petitioner is that he collected the nomination form but was not allowed to file his nomination without a proper proposer proposing his name. The petitioner sought his candidature without proposer which was not accepted and, therefore, he claims that his fundamental right of free speech and expression and right to personal liberty has been infringed.”

Citing a judgment of Rajbala vs State of Haryana (2016), the bench said this court held that the right to contest for a seat in either of the two bodies is subject to certain constitutional restrictions and could be restricted further only by a law made by the Parliament.

Thus, the petitioner did not have any right to contest election to the Rajya Sabha in terms of the law made by the Parliament, it said, adding that the Representation of People Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be proposed while filling the nomination form.

“We find that the writ petition before the High Court was entirely misconceived and so is the present special leave petition. The right to contest an election is neither a fundamental right nor a common law right. It is a right conferred by a statute,” the court said.

In the order passed on September 9, the top court said, “We dismiss the present special leave petition with cost of Rs 1,00,000. The said cost be paid to the Supreme Court Legal Aid Committee within four weeks. Pending application(s), if any, stands disposed of.”

Maharashtra

Winter rains expected in the state, alert issued in three districts

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Mumbai: The weather in the state is constantly changing. Now after the severe cold, the Indian Meteorological Department has given a major warning of direct rain. The state is currently facing favorable weather for rain.

The state has been experiencing cold and temperature in the last few days. The mercury is continuously falling. Pune is experiencing severe cold, Punekar is facing pink cold due to the drop in temperature. Not only Pune, many parts of the state are experiencing severe cold and cold winds are blowing from the north. North India is experiencing severe cold and the mercury is likely to fall further in the next few days. However, the cold has decreased slightly since yesterday. The mercury is falling in the districts of Mumbai, Nagpur, Akola, Solapur, Chhatrapati Sambhaji Nagar, Beed, Nanded, Parbhani, Hingoli, Ahlia Nagar, Gadchiroli, Gondia, Jalgaon, Bhandara, Ayutthaya. The mercury in Dhule fell to 7.5 Celsius. The Indian Meteorological Department has now issued a big warning.

Although the cold is being felt at the moment, the cold has decreased in some areas compared to the last two or three days. Not only this, the weather is also cloudy. Currently, the environment is favorable for rain in the state. The Indian Meteorological Department has also issued a rain warning in some districts. Rain warnings have been issued in Kolhapur, Sangli and Sindhudurg districts.

The mercury is below 10 degrees in some places. On Friday, the lowest temperature in the state was recorded in Dhule. The temperature was recorded in Dhule at 7.5 degrees. The temperature was recorded in Parbhani at 8.9. The temperature was recorded in Nafad at 8 degrees Celsius. The mercury dropped to 11 degrees in Pune, Ahlia Nagar and Mahabaleshwar. Today, the weather is favorable for rain in some cities of the state. There will be light to moderate rain in Kolhapur, Sangli and Sindhudurg.

The mercury has dropped below 10 degrees in Pune. Due to which there is a heavy fog in the air. To avoid the cold, Ganpati Bappa is traditionally dressed in a woolen sweater and ear caps at Saras Bagh in Pune. This sweater is given to Ganpati Bappa with the pleasant feeling that Ganpati Bappa is also feeling the cold. Every winter, whenever the cold increases, Ganpati Bappa is given a sweater.

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Maharashtra

Disturbance at Kalyan Ideal College over offering Bajrang Dal prayers, students pressured to apologize with Jai Shri Ram slogan, tension remains under control

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Mumbai: Vishwa Hindu Parishad and Bajrang Dal were in a frenzy over prayers at Ideal College in Kalyan, adjoining Mumbai. Its mischief increased so much that it forced the students to apologize. This extremist group intimidated the students and forced them to apologize in front of the statue of Shivaji Maharaj and the southern extremist was seen raising the slogan of Jai Shri Ram with hooliganism. This video is viral on social media, but so far the police has not taken any concrete action on this issue. Controversy arose over offering prayers at Ideal College in Kalyan area. The students apologized, while the college administration has promised action.

According to initial details, the controversy escalated after a video of some students of the pharmacy department of Ideal College offering prayers on the college campus went viral on social media. As soon as the news of this was received, workers of Vishwa Hindu Parishad and Bajrang Dal reached the college and lodged a protest with the administration. Meanwhile, the local police also reached the college after the commotion and reviewed the situation but no case has been registered in this matter.

According to the college administration, some students were offering prayers in an empty classroom for a few minutes. Someone shared the incident on social media. After the video went viral, some organizations protested and demanded action against the students involved.

The police reached the college and brought the situation under control. However, the college administration requested the police that since the matter is related to the academic campus, it should be resolved at the college level. Respecting the administration’s request, the police handled the situation peacefully.

The college administration then summoned the concerned students. The students admitted that they had offered prayers but they had no intention of inciting any controversy or inflaming religious sentiments. To avoid any misunderstanding, the students apologized to the administration and the staff present there.
The college administration said that discipline and rules are essential in educational institutions. Such religious activities are not in accordance with the rules of the institution and strict vigil will be maintained to ensure that no student repeats such incidents in future. He also assured that necessary action will be taken against the students involved.

The college campus is under complete control after the incident and the police have withdrawn from the spot after a short period of surveillance.

Currently, the police administration has handled the matter peacefully, while the college has also taken cognizance of the matter internally. However, no statement has been issued by anyone yet.

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Maharashtra

Charkop Firing Case: Four More Arrested In Attempt On Real Estate Agent Freddy D’Lima; Total Accused Now Five

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Mumbai: In the Charkop firing case where 42-year-old real estate agent and social worker Freddy D’Lima was targeted, the Mumbai Crime Branch arrested four more accused on Friday.

The arrested men have been identified as Rajesh Chauhan (42), resident of Kandivali; Subhash Mohite (44), resident of Virar; Mangesh Choudhary (40), resident of Pune; and Krishna Singh (25), resident of Thane.

The arrests were made by Unit 11, under the leadership of Unit 6’s PI Bharat Ghone, following the directive of DCP Vishal Thakur. All four were traced and detained from Kolhapur before being brought to Mumbai for interrogation.

With these arrests, the total number of accused in the case has reached five. On Thursday, Charkop Police had arrested 35-year-old Munna Sheikh, alias Guddu, a bar and restaurant manager, for his alleged involvement in planning the attack.

During investigation, police found that Guddu had a financial dispute with D’Lima. Officers suspect that Guddu may have hired shooters to eliminate D’Lima.

An officer revealed that both Guddu and D’Lima live in the same housing society but were involved in redevelopment deals with different builders. The project was reportedly valued at around ₹4 crore, which may have caused prolonged tension between the two.

It is suspected that this dispute may have driven Guddu to plan the firing attack, although police have not officially confirmed this motive. Guddu has been remanded to police custody till November 27. The Charkop Police continue to probe the case.

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