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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.

National News

Chhattisgarh: 5 Maoists Killed, 2 Jawans Injured In Narayanpur Encounter; Visuals Surface

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Narayanpur: In a major anti-Maoist operation, at least five Maoists were killed during a fierce encounter with security forces in the dense forests of the Abujhmad region in Chhattisgarh Narayanpur district on Saturday.

The gunfight took place after security personnel received reports about the presence of Maoists in the area.

According to officials, a joint team of security forces launched a search operation early Saturday morning. Around 6 a.m., the forces came under heavy fire, leading to an intense gunfight that lasted nearly five hours.

Statement Of One Of The Jawans

One of the jawan, part of the searching team, said that approximately 20 Maoists were present there, with at least five of them killed during the encounter.

“We were a team of 1,439 personnel deployed in the search operation. The encounter lasted until around 11 a.m., during which several Maoists were also injured. I came back but the search operation is still going on to capture the remaining Maoists,” he said.

2 Security Personnel Injured

During the operation, two security personnel sustained injuries. One of them, identified as Khileshwar Gawade, suffered bullet wounds in the head and right hand, while the other, Hiraman Yadav, was hit in the thigh. Both injured personnel were immediately evacuated and airlifted to Raipur for further medical treatment. Officials have assured that their condition is stable.

Security personnel have so far recovered the bodies of five Maoists, along with some weapons. The process of identifying the dead Maoists is underway.

About Abujhmad Region

The Abujhmad region, which borders Maharashtra’s Gadchiroli district, is known for being a hotbed of Maoist activity. Just last month, security forces achieved an important victory by neutralising 31 Maoists in one of the most successful operations in Chhattisgarh’s history.

On the rising success of such operations, Inspector General of Police, Bastar Range, Sundarraj P., had, last week said that a total of 192 Maoists have been killed this year alone. Authorities believe that sustained pressure from security forces is gradually weakening the insurgents’ grip in the region.

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National News

Congress President Mallikarjun Kharge Slams BJP Over Infiltrator Issue In Jharkhand, Says ‘Ghuspetiya Andar Aa Rahe Aur Shah Sahab So Rahe’

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Jamtara (Jharkhand): As the BJP constantly evoked the issue of infiltration in Jharkhand, Congress President Mallikarjun Kharge said on Saturday that the BJP is scaring everyone in the name of infiltrators and when there is their government in the Centre, why can’t they stop it?

Addressing a public rally in Jharkhand’s Jamtara, Kharge said, “They (BJP) are scaring us in the name of infiltrators. You are in the central government, you are the Prime Minister, you are the home minister, then from where did the infiltrators enter?”

“Ghuspetiya andar aa rahe aur Shah Sahab so rahe,” he added.

He further said that the BJP only knows how to divide.

“When you can stop our helicopters, why can’t you stop infiltrators? They don’t know how to run the government. They only know how to divide. They have raised the matter of infiltrators in the elections and they are making people afraid of this. People are being incited in this way. This won’t work. Now people have understood you,” Kharge added.

About The Chopper Issue

The Congress Chief further targeted the BJP after party MP Rahul Gandhi’s chopper was delayed on Friday and said that today, his chopper was also delayed.

“Rahul Gandhi also did meetings here. We don’t know what problem does BJP has with us. When we want to come our helicopter gets stopped. Yesterday Rahul Gandh’s helicopter was denied permission to fly. Today Shah was coming here so I was stopped today for 20 minutes. His path was different and my path was different. Modiji comes in every way of ours,” Mallikarjun Kharge said.

Congress President Targets BJP Star Campaigners In Jharkhand

Sharpening his attacks further, Kharge targeted BJP star campaigners in Jharkhand and said that they all have gathered like a “war” is going on.

“In Jharkhand helicopters are flying like vultures. Did they come when anyone was in need here.? Some Chief Minister from Assam, Madhya Pradesh, all have gathered like a war is going on. This is battle of democracy where people participate and leaders have no role,” he said.

Voting for the first phase of the Jharkhand assembly elections concluded on November 13, with voting taking place in 43 out of the state’s 81 seats.

Elections on the remaining 38 seats will be conducted on November 20. The counting will be held on November 23.

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International

PM Narendra Modi Departs For 5-Day Tour Of Nigeria, Brazil, & Guyana

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New Delhi: Prime Minister Narendra Modi on Saturday left for his five-day visit to Nigeria, Brazil, and Guyana. He will be on his three-nation tour from November 16 to 21, where he will be attending the G20 Summit in Brazil.

In his departure statement ahead of his visit, PM Modi stated that he would be first visiting Nigeria at the invitation of President Bola Ahmed Tinubu with a focus on reinforcing the strategic partnership between the two nations. The Prime Minister will also be meeting with the Indian community in Nigeria during his visit. He will be there in the African nation from November 16 to 17.

“At the invitation of H.E. President Bola Ahmed Tinubu, this will be my first visit to Nigeria, which is our close partner in the West African region. My visit will be an opportunity to build upon our Strategic Partnership that is based on shared belief in democracy and pluralism. I am also eagerly looking forward to meeting the Indian community and friends from Nigeria who have sent me warm welcome messages in Hindi,” the statement read.

About PM Modi’s Visit To Brazil

Following this, he will be travelling to Brazil to attend the 19th G20 Summit as a member of the Troika. PM Modi stated that after India’s successful presidency in the G20 Summit last year, Brazil is expected to continue efforts to advance the Global South’s priorities. He will be there in the South American nation from November 18 to 19.

“In Brazil, I will attend the 19th G-20 Summit as a Troika member. Last year, India’s successful presidency elevated the G-20 to people’s G-20 and mainstreamed the priorities of the Global South into its agenda. This year, Brazil has built upon India’s legacy. I look forward to meaningful discussions in keeping with our vision of “One Earth, One Family, One Future.” I will also use the opportunity to exchange views on furthering bilateral cooperation with several other leaders,” the statement added.

About PM Modi’s Visit To Guyana

In the final leg of the trip, PM Modi will be going to Guyana, at the invitation of President Mohamed Irfaan Ali. This marks the first visit of an Indian Prime Minister to Guyana in over 50 years.

In addition, the Prime Minister will attend the 2nd India-CARICOM Summit, where he will meet with leaders from the Caribbean nations to renew historical ties and explore opportunities for deeper cooperation.

“My visit to Guyana, at the invitation of H.E. President Mohamed Irfaan Ali, will be the first-ever visit of an Indian Prime Minister in over 50 years. We will exchange views on giving strategic direction to our unique relationship, which is based on shared heritage, culture, and values. I will also pay my respects to one of the oldest Indian diaspora, who migrated more than 185 years ago, and engage a fellow democracy as I address their Parliament,” the statement read.

“During this visit, I will also join leaders from the Caribbean partner countries for the 2nd India-CARICOM Summit. We have stood together through thick and thin. The Summit will enable us to renew historical ties and expand our cooperation into new domains,” it added.

During his visit to Guyana, PM Modi will receive the highest national award from the Commonwealth of Dominica. The Caribbean nation will bestow the Dominica Award of Honour, on PM Narendra Modi, in recognition of his contributions to Dominica during the COVID-19 pandemic and his dedication to strengthening the partnership between India and Dominica.

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