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Bombay HC: Delimitation decision not arbitrary, irrational & unconstitutional

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The Bombay High Court has observed that the present Shiv Sena- BJP government’s notification reversing the Brihanmumbai Municipal Corporation (BMC) wards back to 227 from 236 is “in accordance with the directions of the Supreme Court” and hence cannot be said to be “arbitrary, irrational and unconstitutional”. 

A division bench of Justices SB Shukre and MW Chandwani, on Monday, dismissed the petitions filed by two former councillors, Raju Pednekar and Sameer Desai, stating “We find no substance in both the petitions. Both the petitions stand dismissed.” 

HC observed legislation in accordance to Supreme Court

In a detailed order made available late Monday night, the HC has observed that the legislation is “in accordance with the directions of the Supreme Court and, therefore, cannot be found to be manifestly arbitrary, irrational and unconstitutional, nor could they be found to be actuated by any political consideration or motive, although that may not be relevant for examining the validity of the impugned legislations”.

The judges have clarified that they have held the legislations valid “on the touch-stone of directions of the Supreme Court”. 

The HC noted that The Statement of Objects and Reasons in the Ordinance gives two reasons and spells out two objects for its promulgation by the Governor of Maharashtra. 

Statement of Objects and Reasons

The first reason is that it was noticed that the number of Councillors in MMC (Mumbai Municipal Corporation) and minimum and maximum number of elected Councillors of other local bodies were increased considering the growth in the population and speed of urbanization on the basis of the figures of census of 2011 and hypothetical calculation of population in 2021-22 respectively. The second reason is that the SC on May 4, 2022, and July 20, 2022 had directed the Election Commission to notify the election programme on the basis of delimitation done prior to coming into force of the said Amendment Acts with effect from March 11, 2022. 

Court’s observations

“Insofar as both the objects are concerned, we do not find that their basis is wrong or factually incorrect, rather their basis is to be found in the directions issued by the Supreme Court,” said the HC, while dismissing the petitions. 

Pednekar and Desai had challenged the Maharashtra government’s decision reversing the previous Maharashtra Vikas Aghadi (MVA) government’s decision to go ahead with the delimitation of Brihanmumbai Municipal Corporation (BMC) wards. 

In 2021, the MVA initiated the delimitation process and increased the number of electoral wards from 227 to 236. However, on August 8, the present government reduced the number of wards to 227. On September 8, the ordinance was replaced by the Act.

National News

Shivdeep Lande: Bihar’s Singham IPS Shivdeep Lande resigns from police service, because in bouquet, what to do next?

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Patna: Marathmole IPS officer Shivdeep Lande popularly known as Singham of Bihar has resigned from the police service. Shivdeep Lande gave information about this by sharing a post on social media. In this post, Shivdeep Lande said, “My dear Bihar, I am now resigning from my post after 18 years of service through government posts. Throughout my tenure, I have considered the state of Bihar above myself and above my family. I am sorry if I have missed anything during my service. I have resigned from Indian Police Service. However, I will stay in Bihar. Shivdeep Lande has mentioned in his Facebook post that Bihar will be my Karmabhoomi from now on.

Shivdeep Lande, a 2006 batch IPS officer, was currently a Superintendent in the Bihar Special Task Force. He is well known in Bihar for his fearless work style. Chief Minister Nitish Kumar also expressed regret when Shivdeep Lande was transferred to Maharashtra for some time. Bihar Chief Minister Nitish Kumar did not want to release Lande. However, Singham Shivdeep Lande was allowed to return to Swagrihi i.e. Maharashtra.

Who is Shivdeep Lande?
Shivdeep Lande, 40, is a 2006 batch IPS officer. Shivdeep has graduated in Electrical Engineering. Shivdeep was born on 29 August 1976 at Badsingi in Buldana district. The house situation is very bad. Shivdeep has an elder sister and a younger brother. Shivdeep’s primary education was done in Zilla Parishad School. He then graduated from Amravati University through government quota in Electronic Engineering. After this, Shivdeep directly reached Mumbai for his job. He worked as a lecturer in engineering college in many colleges in Mumbai. But the desire to do something for the society did not allow him to sit still. So he prepared for UPSC. Shivdeep Lande, who passed UPSC, wanted to become a collector. But due to not getting rank, he had to accept IPS.

First posting
Shivdeep Lande was posted as Superintendent of Police in Jamalpur near Munger, Bihar. This area was known as Naxal infested. This area was known as the area of ​​Naxalites who were firing on the police. It is here that Superintendent of Police Surendra Babu was killed by Naxalites in 2005. So the police were afraid to go to this place. But in the very first appointment, Shivdeep made an impression on his work and won the trust of the locals. Every week they visit the area and meet the locals. So he got the support of the locals. It resulted in a reduction in crime. Shivdeep ended crime in Bihar by carrying out many striking operations. Political pressure was put on them to stop the strike action. He was also transferred. However, Bihari people had come to the streets against Shivdeep’s transfer.

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Crime

Tripura: Police Seize 44 Kg Of Drugs Worth Rs 2.52 Lakh At Agartala Railway Station

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Agartala (Tripura): Agartala Government Railway (GRP) Police seized 44 kg of drugs worth Rs 2.52 lakhs at Agartala Railway Station, railway police said on Tuesday.

About The Seizure

Acting on a tip-off, police on Tuesday conducted a search near the 13th rail track on the Agartala to Jirania route, near Agartala Railway Station. During the operation, authorities recovered 44 kg of dried cannabis from bushes alongside the tracks. The narcotics were allegedly being smuggled out of the state via train.

According to the police, the seized cannabis has an estimated market value of approximately Rs 2.52 lakhs. The Agartala GRP (Government Railway Police) station has launched an investigation to identify the individuals responsible for this illegal consignment. Further action will be taken based on the findings of the investigation.

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National News

Atishi Likely To Address First House Session As Delhi Chief Minister On September 26 And 27

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Delhi: Aam Admi Party leader and the successor of Arvind Kejriwal as the Chief Minister of Delhi, Atishi Marlena Singh, will likely address her first session as the head of the Delhi assembly next Thursday, September 26. The Delhi government has announced a two-day special session on September 26 and 27, as reported by party officials.

Atishi Takes Over After Kejriwal As Delhi CM

The choice to convene a special session aligns with Arvind Kejriwal stepping down as the chief minister and CM-designate Atishi asserting her right to govern. A senior party member mentioned that the meeting’s agenda is still undecided.

When Will Atishi Take Oath As Delhi’s New CM?

Atishi Marlena, the newly appointed Chief Minister of Delhi, has not yet been sworn in. Although the dates haven’t officially been announced yet, as per a few reports, the oath-taking ceremony is scheduled to occur before the Delhi Assembly session. The Speaker’s Office has announced that the Delhi Assembly session is scheduled for September 26 and 27.

Atishi To Address House

Atishi is scheduled to address the house on the challenges confronting Delhi and to assure the path forward. The member stated that it is uncertain if the oath-taking ceremony will be finished by then, as it will rely on the dates given by LG VK Saxena after approval from the President.

SK Sharma, a constitutional expert and a former secretary to the Lok Sabha and the Delhi assembly, said, “The power to appoint minister and chief minister is with the President. The head of legislative group has laid stake to power. Since AAP has brute majority, there should be no hurdle.”

“A date for oath-taking ceremony needs to be fixed, which is at the discretion of the President and LG.” Sharma said.

“Atishi will be speaking at the house on issues being faced by Delhi and the way ahead. It is not yet clear whether the oath-taking ceremony would be complete by then, as it will depend on the dates provided by LG VK Saxena after concurrence from the President,”

Assembly Sessions

Throughout the course of a year, there are typically three significant assembly sessions conducted, namely the budget session, monsoon session, and winter session. However, there have been occasions where the legislative assembly has convened more than three sessions to address the urgent matters presented by the government. There must also not be a gap longer than six months between two sessions.

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