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Maharashtra

Uddhav vs Shinde: SC allows EC to decide which faction is real Shiv Sena

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In a big setback to Uddhav Thackeray’s faction, the Supreme Court on Tuesday declined to stop the Election Commission from deciding the claim of Eknath Shinde group to be the real Shiv Sena.

After a day-long hearing, a constitution bench headed by Justice D.Y. Chandrachud dismissed the interlocutory application filed on behalf of Thackeray’s faction. The apex court’s decision is very significant in view of the impending Brihanmumbai Municipal Corporation elections, where both Shinde and Thackeray factions would like to contest the poll.

The bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said there would not be any stay on the proceedings before the Election Commission on intra party dispute and ‘bow and arrow’ symbol of the party. “We direct that there would be no stay of the proceedings before the Election Commission of India,” it said.

Senior advocates Kapil Sibal, A.M. Singhvi and Devadatt Kamat represented the Thackeray’s faction. Sibal submitted that Shinde cannot approach the EC once he has incurred disqualification, saying “I challenged the very locus of the person who moved the EC”.

Sibal clarified that Shinde has incurred disqualification as his various acts amounted to “voluntarily giving up membership of the party” under the Tenth Schedule, and he also violated the party whip, which is also covered by the Tenth Schedule.

The Thackeray camp vociferously argued that since disqualification of Shinde and the MLAs supporting him was pending, therefore EC cannot consider their application over the party and the symbol. However, the top court declined to entertain this contention.

Senior advocates Maninder Singh, Neeraj Kishan Kaul, and Mahesh Jethmalani, assisted by advocate Abhikalp Pratap Singh, argued for the Shinde faction.

Senior advocate Arvind Datar represented the Election Commission.

Shinde’s faction counsel argued that under Article 324 of the Constitution, the EC possesses plenty of powers to deal with any situation which arises in relation to political parties and several party members have sent their representations to the EC supporting the Shinde group.

Kaul submitted that the nature of enquiry under Tenth Schedule and the Symbols Order are different.

Shinde’s faction counsel claimed a hopeless minority sought to remove him from the party, and contended that the Speaker, under the Tenth Schedule, has to exercise power to determine disqualification of a member and he cannot decide on the split or merger within a political party. Shinde faction counsel vehemently argued that a party member’s right to move the EC cannot be taken away.

The EC counsel argued that it worked independently, and its functions are different when compared with the Speaker. The counsel added that it can decide who held the majority in the party.

Shinde and his faction had rebelled against Thackeray, which forced him to resign as Maharashtra Chief Minister.

Shiv Sena’s General Secretary Subhash Desai had moved the apex court saying that Shinde and other MLAs, have purportedly initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) seeking to be recognised as the “real Shiv Sena” by the EC. Desai added that they are also claiming the right to use the election symbol of “bow and arrow” allotted to Shiv Sena.

Thackeray faction claimed that since the disqualification matter is pending in the apex court, Shinde faction are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation.

The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.

Maharashtra

Visit to Deonar Bakra Mandi on the occasion of Eid-ul-Adha, important meeting led by Mumbai Congress President Prof. Varshatai Gaikwad

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Mumbai: On the auspicious occasion of Eid-ul-Azha, a delegation led by Lok Sabha MP and Mumbai Congress President Smt. Prof. Varshatai Gaikwad saheb visited Deonar Bakra Mandi (Slaughterhouse).

On this occasion, she had a special meeting with the General Manager of Deonar Slaughterhouse, Mr. Kaleem Pasha Pathan and discussed in detail the problems faced by the public and traders present in the mandi.

The main points of the discussion were as follows:

Problems faced by traders
Care and maintenance of animals
Cleanliness situation in the mandi
Traffic problems and their solutions
Difficulties faced by common citizens

Professor Gaikwad saheb gave necessary instructions to the concerned authorities for the early resolution of all these problems and assured that Mumbai Congress stands with the people.

Honorable MLA Mr. Aslam Sheikh Sahib, Honorable MLA Mr. Amin Patel Sahib, MLA Dr. Jyoti Tai Gaikwad Sahib, former Corporator and former Chairman of Mumbai Congress Minority Wing Haji Babbu Khan Sahib and other senior leaders and office bearers of Mumbai Congress were also present in this important visit.

The visit was a positive effort for mutual discussions, identification of problems and effective steps to resolve them, which makes an auspicious occasion like Eid more meaningful.

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Maharashtra

ATS crackdown on 22 members including suspected member of Padgha Daesh Saqib Nachan, ATS conducted midnight operation on relatives

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Mumbai: The Maharashtra Anti-Terrorism Squad (ATS) has claimed to have seized several important documents and items during raids at the homes of Saqib Nachan, a former member of ISIS and Students Islamic Movement of India (SIMI), and 22 of his close associates and relatives. The ATS had received information that important documents and other items were hidden at the homes of Saqib Nachan and his close associates, after which the ATS launched the raids at 2 am last night and the operation continued till 4 am, after which the ATS team left for Mumbai. During this operation, the ATS team also cordoned off the entire area. In Borivali Pargham, ATS has conducted raids on Abid Ashraf Mulla, Moaz Mulla, Aqib Saqib Nachan, Abdul Latif Shadab Kaskar, Urmesh Irfan Mulla, Hashim Nadvi, Farooq Mulla, Nabeel Malik Khot, Qais Arif Khot, Kaif Nachan, Sahil Munyar, Adnan Mulla, Shero Deokar, Sharjeel Nachan, Sajid Nachan, Zeeshan Mulla, Atif Mulla, Shams Khot, Asjad Mulla, Raif Khot, Abid Khot. During this time, some of them were on Hajj trips, so they were not present at home.

In this case, ATS conducted raids and did not arrest anyone during house searches. Zubair Mulla, a resident of a small mosque who deals in land, was on a Hajj trip. Zubair Mulla was convicted in the 2002 and 2003 bomb blasts and was also sentenced. Now he is lodged in Delhi jail along with Saqib Nachan in the case of ISIS connection in Delhi. Abdul Latif Kaskar is employed in Godam and is also a friend of Farhan Sousa in the Delhi ISIS case. Shams Khot, Rais Khot, Abid Ashraf Mulla, Moaz Ashraf Mulla, Qais Asif Khot were not present at the house during the search, while a raid was conducted at Kalyan’s house in Sahil Munyar and he was also not present here.

ATS had found Saqib Nachan active in terrorist activities again since 2017. During this time, ATS had kept an eye on him and a case was also registered against him, but in this case, NIA had arrested Saqib Nachan in the ISIS case. First, his son Aqib Nachan was arrested and then Saqib will also be arrested. ATS has also claimed to have seized several important documents during the operation, which will be investigated and then the action will progress accordingly. Maharashtra ATS has conducted raids at 15 places including Mumbai police station Bhiwandi Kalyan and during this, action has also been taken against suspected members of ISIS. In this operation, ATS is expected to find many important documents and evidence. The ATS has taken action in this case against those accused of being involved in anti-national and illegal activities. ATS is taking further action in this case, while no arrest has been made so far after searching anyone.

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Crime

Thane Crime: Man Attacked With Sword In Kalyan For Dispute Over Construction Of Toilet Near House

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Mumbai: In a separate incident, a 15-year-old boy has been detained for allegedly murdering his co-worker, 22-year-old Kaisar Azgar Ali, in Bhiwandi. The incident occurred on Wednesday, May 28, in the night at a worksite in Mankoli village, where both were employed as carpenters.

According to police, a minor argument escalated into a violent attack. The minor allegedly first struck Ali with a hammer, then used a plywood grinder to fatally injure him, slitting his neck and shoulder. Investigating Officer D.K. Kadam stated that the minor had been upset with Ali’s behaviour at the site and the situation turned violent after Ali allegedly struck him during the altercation.

The minor fled the scene, but police were alerted by the house owner and contractor who discovered the crime. A panchnama was conducted and the boy was located, detained and presented before the Juvenile Justice Board. He was remanded to an observation home. Ali was rushed to Indira Gandhi Memorial Hospital, where he was declared dead.

Thane: A 24-year-old man, Vikrant Jadhav, was brutally attacked with a sword in Umbarde, Kalyan West on Sunday. The assault is believed to be the result of an ongoing land dispute. According to reports citing police sources, Jadhav was fetching water when he was ambushed and attacked. He is currently receiving treatment for serious injuries at Rukminibai Hospital in Kalyan.

The victim’s father, Vijay Jadhav, has accused members of the neighbouring Gaikwad family of orchestrating the attack. The two families have reportedly been at loggerheads for years over property issues. Vijay had previously filed a police complaint against the Gaikwads, alleging that they had threatened to kill his family if he did not halt construction of a toilet adjacent to their home, reported Hindustan Times.

The Khadakpada police have registered a case under Section 118 (causing hurt with dangerous weapons) of the Bharatiya Nyaya Sanhita (BNS) and are currently investigating the matter. Efforts are underway to identify all the assailants and verify the allegations of prior threats and extortion.

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