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Maharashtra

‘Erase all differences’: Bombay HC tells Maharashtra Governor and CM

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Bhagat-Singh-Koshyari

The Bombay High Court has expressed distress that the two apex Constitutional functionaries in Maharashtra – the Governor and Chief Minister – do not “trust” each other, and urged them to “sit together” and “erase” all their differences.

The observations came when a bench of Chief Justice Dipankar Datta and Justice M.S. Karnik dismissed two Public Interest Litigations, one filed by a Bharatiya Janata Party leader Girish Mahajan and other by activist Janak Vyas.

Referring to Governor Bhagat Singh Koshyari’s inaction on the nomination of 12 MLCs, pending since November 6, 2020, the bench pointed out that there was no movement even after the court’s verdict in Aug. 2021.

At that time, the court had observed that it was the Governor’s duty to decide on the recommendations of the Council of Ministers for the 12 MLCs’ nomination “within a reasonable time”.

Expressing anguish over how the court was “treated” after it passed the order, Chief Justice Datta said that now it is March 2022, and nothing has happened even after eight months.

The bench elaborated that the unfortunate part in the state was the two highest Constitutional functionaries “do not trust each other”, with both the Governor and Chief Minister Uddhav Thackeray “not on the same page”.

“You both please sit together and sort this out between yourselves… Who is suffering in all of this?… Erase all these differencesa Your ramblings do not take the state forward,” it observed.

Dismissing the PILs by Mahajan and Vyas, the court admonished them and ordered forfeiture of their Rs 10 lakh and Rs 2 lakh deposits which they were ordered to pay up in an earlier hearing.

The petitioners had challenged the Maha Vikas Aghadi government’s amendments to the procedures for the election of Speaker of Maharashtra Assembly, which has been pending for nearly a year now, and were proposed to be held on Wednesday (March 9), but the Governor’s nod is awaited.

They contended that the amendments were “undemocratic”, “arbitrary”, “illegal”, and “unconstitutional”, but Chief Justice Datta objected to the lack of pleadings in the PIL to demonstrate their locus or how the election of Speaker was a matter of public interest.

State Advocate General Ashutosh Kumbhakoni had strongly opposed the PILs on the grounds of maintainability and said they were a waste of the court’s precious time.

Reacting to the developments, state Congress President Nana F. Patole said that the high court’s observations were “a slap on the face” of those who are creating hurdles in the election of the Speaker.

In a strong statement, he said the Governor must respect the court’s verdict and take immediate action on the Speaker election and the nomination of 12 MLCs.

“The BJP must understand the democratic process and stop rushing to the court all the time to prevent the good work of the MVA government. We want to conduct the Speaker’s election before the state Budget on March 11. We hope the Governor will take a decision on priority in this regard,” Patole urged.

Maharashtra

Focus should be on providing high-quality basic services to citizens: Ashwini Bhide

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Mumbai: is currently undergoing a large-scale road construction. To ensure that these roads are used in the long term and traffic on them is taken care of, model operational norms should be developed on railway lines. This should include changes in traffic, repair and maintenance, utilities and other matters besides road maintenance in the next 10 years. Focus should be on creating infrastructure facilities keeping in mind the needs of various businesses operating in Mumbai. Maintain constant contact with corporators and other public representatives and get their suggestions on local issues. Information on silting of drains, current status of road works, etc. should be made available to the public. In addition, Municipal Commissioner Ashwini Bhide has directed that emphasis should be placed on providing good quality basic services of the Municipal Corporation in a people-oriented manner. The monthly review meeting of all departments of the Mumbai Municipal Corporation was held at the Municipal Corporation Headquarters today. Meanwhile, the Mumbai Municipal Corporation has initiated several major projects and development works in Mumbai. There are various authority systems working in it. There should be proper coordination with these systems. There should be a harmonious connection between the administrative departments (wards) and other systems. In addition, a meeting will be organized every Saturday to review various innovative issues, Bhide also clarified. In addition, as per the discussions held in the review meeting, a report on the completion of the relevant work will also be taken in this meeting. The Mumbai Municipal Corporation works to provide civic services. However, he also expressed the expectation that now we have to work beyond this. On this occasion, Additional Municipal Commissioner (Western Suburbs) Dr. Vipin Sharma, Additional Municipal Commissioner (City) Dr. Ashwini Joshi, Additional Municipal Commissioner (Projects) Abhijeet Bangar, Additional Municipal Commissioner (Eastern Suburbs) Dr. Avinash Dhakne, Joint Commissioner (Vigilance) Dr. M. Devendra Singh were present on the occasion. Apart from this, all the Joint Commissioners, Deputy Commissioners, Assistant Commissioners, Heads of Departments etc. were present in this meeting.

In this meeting, detailed discussions were held in the backdrop of the discussions held by the corporators in the House on various issues. After this, Municipal Commissioner Ashwini Bhide clearly instructed the officers that the representatives of the people are working to bring out the problems and facts of the people at the local level in a proper manner. Therefore, every officer should be in constant touch with them and keep them regularly informed about the current status of silting, cleaning or other related works in their work area. The Assistant Commissioner should try to ensure that the suggestions and feedback received from the local corporators are implemented. Coordination between them becomes effective if there is continuous communication and transparency. BMC has played a significant role in Covid. During this, BMC has actively and objectively provided information on its own. We should still work with the same activity. Ensure that the incomplete roads are easy and safe for traffic during the monsoon. The meeting discussed road works in Mumbai. After this, Ashwini Bhide said that if the road works are currently more than 70% complete, then they should be completed before June 1. Ensure that the ongoing works are completed within the stipulated time and remain smooth for traffic. Positive results have been seen in the matter of potholes on the roads and the number of potholes has reduced significantly in the last three years. Apart from this, its cost is also continuously decreasing, he said that information about the current status of the work of removing silt from drains should be distributed regularly to the public. The work of removing silt from small and big drains in the Mumbai area is going on at a fast pace. It was reviewed administratively (ward wise) in the meeting. On this occasion, Bhide said that the honorable corporators, public representatives and citizens should be informed on a daily basis about the current status of the work of removing silt from drains. So that they can know the status of daily work. If they have any suggestions on this, they will also convey it to the administration. Also, information regarding cleaning of drains should be conveyed to the citizens through municipal social media.

Prepare a plan for long-term solution of flooded areas

The meeting considered the preparations and measures for monsoon. It discussed possible water filling areas, water pumping systems, pumps and other equipment.

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Crime

Navi Mumbai: Gas Agency Owner Booked For Cheating Fruit Trader Of ₹25 Lakh On False BPCL Partnership Promise In Nerul

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Navi Mumbai: A gas agency owner has been booked for allegedly cheating a fruit trader of Rs 25 lakh on the pretext of offering partnership and high returns on investment in Bharat Petroleum Corporation Limited-linked business in Nerul. The Nerul police have registered a case against the accused and initiated further investigation.

The accused has been identified as Sunil Rambhau Gunjal (62), a resident of Koparkhairane and owner of Vighnahar Gas Service, while the complainant, Bhalchandra Nalawade (67), is a fruit trader residing in Nerul. The two had known each other for several years through business dealings.

According to the police, in 2020, Gunjal lured Nalawade by claiming that his gas agency was associated with BPCL and offered him a partnership. He allegedly convinced Nalawade to invest a large sum by promising a monthly return of 5 per cent, both verbally and in writing.

Trusting the offer, Nalawade invested Rs 25 lakh. However, despite the passage of time, he neither received the promised returns nor any official documents confirming his partnership. When Nalawade demanded his money back, Gunjal allegedly avoided repayment on various pretexts.

Police said Gunjal later issued four cheques worth Rs 25 lakh to Nalawade, but all were dishonoured. Even after repeated follow-ups, he refused to return the money and allegedly threatened the complainant when pressed for repayment.

“Based on the complaint, a case of cheating and criminal breach of trust has been registered. We are verifying the financial transactions and further legal action will be taken accordingly,” a Nerul police officer said.

Following the complaint, Nerul police registered an FIR against Gunjal under relevant sections of the Bharatiya Nyaya Sanhita including 318(4), 316(2), 352, and 351(2) for cheating, criminal breach of trust, and criminal intimidation. Further investigation is underway.

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Maharashtra

Bombay HC Stays Charity Commissioner’s Order Deferring Asiatic Society Elections, Flags Natural Justice Lapse

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Mumbai, April 11: The Bombay High Court has stayed, until further orders, the implementation of the Charity Commissioner’s directive that had halted elections to the managing committee of the Asiatic Society of Mumbai, marking a shift from its earlier stance backing the last-minute intervention.

Justice Farhan Dubash on April 8 granted interim relief on a plea filed by senior journalist and former Rajya Sabha MP Kumar Ketkar and others, observing that “principles of natural justice appear to have been violated”.

The court noted that the March 13 order was passed “without the knowledge and/or prior notice” to the Society or its managing committee, and without giving them an opportunity to respond to the inquiry report.

The impugned order by Charity Commissioner Amogh Kaloti had, hours before the scheduled March 14 polls, stayed the election and directed preparation of a fresh voters’ list through sub-committees.

It also proposed administrative oversight by an observer and a five-member panel, citing “serious questions” about the functioning of the Society and reports of missing rare books.

Earlier, however, another bench of the HC had refused to interfere with the stay on March 14 while hearing a petition by one of the members, Deepak Tanaji Pawar.

The HC had then found no fault in the timing of the Charity Commissioner’s decision, remarking that “there are serious lapses in the functioning of the society prima facie at least”.

The court was told that an inspector’s inquiry had revealed that “2050 rare books were missing” from the Society’s collection, raising serious concerns. The court had noted the absence of a valid election programme for March 14, observing that documents produced related to an earlier schedule.

Justice Dubash’s order has now stayed the “operation, implementation and effect” of the March 13 directive and posted the matter for further hearing on April 16.

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