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Hold urgent hearing of pleas against law dropping CJI from EC appointment panel, SC urged

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New Delhi, Jan 8: With the tenure of the incumbent Chief Election Commissioner (CEC) coming to an end in February, the Supreme Court was urged on Wednesday to advance the scheduled hearing on pleas challenging the law introduced by the Parliament, which excludes the Chief Justice of India (CJI) from the process of appointment of top officials of the Election Commission.

“The incumbent CEC is retiring on 18th of February and the new Election Commissioner will have to be appointed. Now, the question is as to whether he will be appointed in terms of the Constitution Bench judgment or in accordance with this new law. I am requesting that this matter should be heard next week,” advocate Prashant Bhushan submitted before a bench headed by Justice Surya Kant.

Declining to fast-track the hearing scheduled on February 4, the Justice Kant-led Bench remarked: “How many matters will we be able to hear urgently? We understand the importance of the matter and any good matter requires some time also. February is not far, remind us on February 3 in the morning, so we are able to take up the matter on 4th February.”

Bhushan said that the issue is already covered by the Constitution Bench judgement and should not take much time.

In March 2023, a Constitution Bench of the Supreme Court had held that the appointment of top officials of the Election Commission shall be done by the President on the advice of a panel comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India.

“We declare that the appointment of the CEC and the other ECs shall be made on the recommendations made by a three-member Committee comprising the Prime Minister, LoP of the Lok Sabha and in case no LoP is available, the leader of the largest opposition party in the Lok Sabha in terms of numerical strength and the Chief Justice of India,” said the apex court, clarifying that its guidelines shall be in effect until Parliament makes a law in consonance with Article 324(2) of the Constitution.

After the apex court verdict, the Parliament introduced legislation providing that the Chief Election Commissioner (CEC) and the other Election Commissioners (ECs) will be appointed by the President on the recommendation of a Selection Committee consisting of the PM, the Leader of the Opposition (or the largest opposition party) in the Lok Sabha, and a Union Cabinet Minister to be nominated by the PM.

Several PILs were filed before the Supreme Court challenging the constitutional validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023.

One of the pleas filed by a Noida-based lawyer sought directions to set aside the gazette notification issued by the Union government on December 28, 2023, and to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs. Further, it sought direction to the Union of India for implementing an independent and transparent system of selection constituting a neutral and independent selection committee for appointment of the CEC and other ECs.

Recently, CJI Sanjiv Khanna recused himself from hearing the matter and said that the PILs should be heard by a different Bench.

National News

‘I should have learnt Tamil in my childhood’: PM Modi in Coimbatore

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Chennai, Nov 19: Striking an emotional chord with farmers present at the CODISSIA grounds in Tamil Nadu, Prime Minister Narendra Modi on Wednesday said that he should have learnt Tamil in his childhood.

“Farmer leader P. R. Pandian’s speech was excellent because it was in Tamil. I could not understand it fully. I felt I should have learnt Tamil in my childhood,” the Prime Minister said, drawing applause from the farmers.

PM Modi added that he had requested Governor R. N. Ravi to provide a translation of the speech in English or Hindi.

Speaking at the inauguration of the three-day summit, PM Modi underlined the Centre’s commitment to supporting farmers and strengthening natural farming practices across the country.

He announced that the latest instalment of the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) scheme had been released from the very platform of the event.

“Today, we have disbursed Rs 18,000 crore directly into the bank accounts of farmers across India. Under this scheme, more than Rs 4 lakh crore has already been transferred directly to farmers so far,” he said.

The Prime Minister also praised Coimbatore’s evolving identity.

“Coimbatore, long proud of its textile industry, has today become proud for another reason – its leadership in natural farming,” he said.

He acknowledged former MP and BJP national vice president C.P. Radhakrishnan for “guiding and inspiring the movement”, noting that the city was emerging as a vibrant centre for sustainable agricultural practices.

Earlier, PM Modi visited the organic farming pavilions set up at the venue. He interacted with farmers, reviewed a range of natural farming products, and explored stalls displaying innovations in the organic sector.

The Prime Minister said the diversity he saw at the summit, from engineers and ISRO scientists to start-up entrepreneurs and farmers, was a powerful reflection of India’s agricultural transformation.

“Had I not come here today, I would have missed a great deal,” he said.

The Prime Minister highlighted the rapid expansion of the Kisan Credit Card (KCC) scheme, noting that farmers had availed benefits worth Rs 10,000 crore this year alone.

Livestock rearers and fishermen, he said, had also made substantial gains after being included under the KCC framework.

The reduction of GST on organic fertilisers has delivered further benefits to cultivators.

Touching upon Tamil Nadu’s traditions, PM Modi said, “For Lord Murugan, Tamil Nadu prepares honey, thinai and special powders. Our government is working to ensure that the finest millet-based foods from Tamil Nadu reach global markets.”

The South India Organic Farmers’ Summit will continue for the next two days, featuring technical sessions, exhibitions, and interactions among farmers, scientists and agri-innovators.

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National News

Maharashtra SEC Tells Bombay High Court That VVPAT Not Mandatory For Local Body Polls and Not Technically Feasible

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Nagpur: The Maharashtra State Election Commission on Wednesday told the Bombay High Court that the use of VVPAT machines was not mandatory for local body polls, and it was also not technically feasible.

The commission filed an affidavit opposing a petition filed by Congress leader Prafulla Gudadhe before the Nagpur bench of the high court, challenging its decision to not use VVPAT in the upcoming local body elections in Maharashtra.

Gudadhe in his plea said the Voter Verifiable Paper Audit Trail (VVPAT) system was essential for a transparent election process.

During the hearing on Wednesday, a bench headed by Justice Anil Kilor sought to know the reason for not using VVPAT machines especially when a Supreme Court judgment said the use of VVPAT was a must.

The commission’s lawyer told the court that the SC judgment applied only to the general elections, and not local body polls.

VVPAT machines were not used during the 2017 municipal polls too, he pointed out.

The commission in its affidavit said local body Acts which govern municipal elections do not mandate the use of VVPAT.

There are also issues of technical feasibility of designing and manufacturing a VVPAT machine which can be used for multi-member and multi-post EVMs, it said.

The Parliamentary and Assembly elections are single-member, single-post elections where only one candidate is chosen by a voter, and the EVMs used by the Election Commission are specifically designed for that purpose, the affidavit said.

Village Panchayats, Municipal Councils and Municipal Corporations are multi-member, multi-post constituencies, it added.

The bench posted the matter for further hearing on Thursday.

The first round of local body elections in Maharashtra will be held on December 2.

In his petition filed through advocates Pawan Dahat and Nihal Singh Rathod, Gudadhe said if the SEC was not going to use the VVPAT, the polls should be held using ballot papers. VVPAT is an independent system attached to an Electronic Voting Machine (EVM), allowing voters to verify that their votes are cast as intended.

The petition urged the HC to direct the SEC to hold the upcoming local body polls through ballot papers or quash the commission’s decision to not use VVPAT machines.

He also sought the court to restrain the SEC from using EVMs without VVPAT machines in any election.

The right to vote is a fundamental right and every citizen has the right to know if his or her vote has been rightly cast, the plea said.

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Maharashtra

Mumbai: Massive Fire Breaks Out At Kurla’s LIG Colony Due To Gas Pipeline Burst

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Mumbai: A massive fire broke out on November 19 in Kurla West near the Mubarak Complex at LIG Colony, reportedly triggered by a gas pipeline burst. Videos circulating on social media captured thick black smoke coming into the air as flames spread rapidly.

According to the visuals, the blaze was seen in the shop located on the ground floor of a residential building and firefighting officials were present at the spot trying to douse the fire. Several residential buildings are seen in the lane where the fire took place, bringing in security concern for residents.

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