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How many times did Parliament discuss conduct of Speaker, SC asks Uddhav faction

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2 years ago

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 The Supreme Court on Tuesday shot a volley of questions at the Uddhav Thackeray faction, asking how many times did the Parliament discuss a review of the conduct of the Speaker, why is that question raised before the court, and also, why should the court change rules just because one or two Speakers went astray.

Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, submitted before a five-judge constitution bench, headed by Chief Justice of India D.Y. Chandrachud, that “your lordships have great confidence in the constitutional office of the Speaker but do they discharge this confidence?”

At this, the Chief Justice replied: “You also have that confidence when you say that the Speaker has to decide the disqualification petitions… that is not dependent on who is the Speaker, Mr Sibal”. He added that the constitutional authority of the Speaker to decide is not based on who the Speaker is.

Sibal said the a Speaker who appoints the whip and Leader of the Opposition without reference to the political party, “you think he can decide in my favour, there is no way!”

The Chief Justice said: “The first Speaker in defiance of legislative rules gave two days’ notice… this is the way everybody is behaving. There are two options: either you debunk the authority of the Speaker or.. in a democracy you value the office of the institution… denigrating constitutional offices including the office of the Speaker.”

When Sibal said they are denigrating themselves, the bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha — said: “It is a race to the bottom then.”

Justice Narasimha told Sibal: “Legislators, parliamentarians…. decided upon the Speaker to be the tribunal.. it is parliamentarians’ decision, the Tenth Schedule. Therefore, the court is only interpreting that…”

Sibal referred to the decision of the apex court on 27 June last year, where the court granted interim relief to Shinde faction by extending the time to file responses to the disqualification notices. It later, on June 29, gave the go-ahead to a floor test called by the Governor.

Justice Narasimha orally observed: “On one hand if the Speaker is with you, you would say it is a constitutional authority. What is wrong with it… if you have some difficulty, you mean, not you. Look at the way Speakers have behaved. For us, as long as the constitution bench judgment is there, we will go by the fact that the Speaker is the tribunal.”

The bench further added that the Speaker is the presiding officer as per Tenth Schedule and “we will not go back on the decision, that is the final decision, as far as we are concerned”.

Sibal replied by that logic, the June 27 order could not have been passed, and that is what led to what way we are today.

Justice Kohli said that if one or two Speakers have gone astray, would the court be inclined to debunk the whole procedure as laid down and the Tenth Schedule?

To this, Sibal said: My intention is not that, I have been telling what is happening.” Justice Kohli said then it is a conundrum. Sibal said: “Yes, it is a conundrum, a constitutional conundrum and somebody has to sort it out.”

At this juncture, justice Narasimha said: “Another question, every time this question is raised before the court. I would want to ask you how many times did the parliamentarians raise this question in the Parliament saying let us actually amend the Constitution.”

“How many times did the discussion take place in the Parliament to review the conduct of the Speaker. Why is that question raised before the court, which is not a forum for consideration. how many times parties have sat down together and decided this is not working?” he asked.

“Once Kihoto Hollohan was rendered then,” Sibal said referring to the apex court verdict in the 1992 case, upholding the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs.

Justice Narasimha replied: “Why, it only upheld the Tenth Schedule. It is your making, the Tenth Schedule. This will take us nowhere, Mr Sibal. Frankly, unless there is an amendment to the Constitution, there is a reference, a direct challenge…”

The top court made these observations while dealing with Maharashtra political crisis triggered due to rebellion in the Shiv Sena. It will continue to hear the matter on Wednesday.

On February 17, the apex court had declined to make immediate reference to a seven-judge bench the reconsideration of its 2016 Nabam Rebia judgment, which restricted the power of the Speaker to examine disqualification petitions against MLAs if a resolution for his removal is pending.

A five-judge bench headed by Chief Justice of India said the issue of reference will be decided only with the merits of the case and fixed the matter for hearing on merits on February 21.

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Maharashtra

Maharashtra Assembly Elections 2024 : Polling Booths Increased To 10,111 In Mumbai As Voter Capacity Reduced To 1,250

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4 hours ago

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September 20, 2024

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The number of polling stations designated in the Greater Mumbai area is now 10 thousand 111

An increase of 218 polling stations compared to Lok Sabha General Election-2024

Now average up to 1200 voters per center

In view of the upcoming Maharashtra Assembly Elections-2024, as per the instructions given by the Hon’ble Election Commission of India from time to time, polling stations in the Greater Mumbai area (Mumbai City and Mumbai Suburban Districts) have been streamlined with a view to enable voters to vote easily. Due to this streamlining program, the number of polling stations in Greater Mumbai area has increased to 10 thousand 111. Compared to Lok Sabha General Election-2024, the number of polling stations has increased by 218. In this, the average number of voters per polling station will now be 1200 from the earlier average of 1500, thus the number of polling stations has increased and as a result will help increase the volume and speed of voting.

As per the instructions of Hon’ble Election Commission of India and State Election Commission, District Election Officer and Commissioner of Brihanmumbai Municipal Corporation Shri. Under the guidance of Bhushan Gagrani, preparations are being made in a planned manner by the administration in the background of the upcoming assembly elections. The polling stations have been streamlined on this line.

The number of polling stations has been fixed keeping in mind that the average number of voters will be up to 1200 per polling station while streamlining the polling stations in Greater Mumbai area. So, the polling stations in the same location with more polling stations have been decentralised. Therefore, the number of polling booths has increased in some parts of Greater Mumbai as compared to Lok Sabha General Election-2024.

In line with this, a meeting was held yesterday evening (dated September 19, 2024) at Brihanmumbai Municipal Corporation Headquarters with the representatives of political parties to inform about the regularization of polling stations in various constituencies in Brihanmumbai. District Election Officer and Brihanmumbai Municipal Corporation to provide information about polling station reorganization and to create awareness among the voters. Commissioner Mr. Under the guidance of Bhushan Gagrani, Additional District Election Officer and Additional Municipal Commissioner (City) Dr. (Mrs.) Ashwini Joshi held a meeting with the representatives of various political parties and gave detailed information about it.Additional District Election Officer and Mumbai City Collector Shri. Sanjay Yadav, Special Duty Officer (Election) Shri. Vijay Balamwar, concerned officials and representatives of various political parties attended the meeting.

At the time of Lok Sabha General Election – 2024, there were a total of 2 thousand 509 polling stations in Mumbai city district. So, in Mumbai suburb district this number was 7 thousand 384. Due to the streamlining programme, the number of polling stations has increased to 2 thousand 537 and 7 thousand 574 respectively i.e. 10 thousand 111 in the entire Greater Mumbai area (Mumbai city and Mumbai suburb districts).

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Maharashtra

Dharamveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project will continue to operate from 7 am to 12 pm, seven days a week.

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4 hours ago

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September 20, 2024

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Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project will continue to operate from 7 am to 12 pm, seven days a week.

Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road (South) Project through Brihanmumbai Municipal Corporation is being constructed from Shamaldas Gandhi Marg (Princess Street) flyover to Worli end of Bandra – Worli Sea Bridge. Till date 92 percent work of this project has been completed.

Ganeshotsavadarmayan Mumbai coastal road project was open for 24 hours traffic from 06 September 2024 to 18 September 2024. Now, starting from Saturday 21 September 2024, the Mumbai Coastal Road Project will be open for traffic from 7 AM to 12 PM, 7 days a week. So, it will be closed for traffic from 12 pm to 7 am.

The South Channel from Bindumadhav Thackeray Chowk, Rajni Patel Chowk (Lotus Junction) and Amersons Udyan to Marine Drive and the North Channel from Marine Drive, Haji Ali and Rajni Patel Chowk (Lotus Junction) to Bandra Worli Sagari Setu (Rajiv Gandhi Sagari Setu) are open for traffic. will stay

Meanwhile, Dharmaveer, Swarajyarakshak Chhatrapati Sambhaji Maharaj Mumbai Coastal Road Project (South) is progressing rapidly. Drivers should strictly follow speed limit, traffic rules. Follow traffic rules. Take extra care while driving. A humble appeal is being made on behalf of the Brihanmumbai Municipal Corporation administration to avoid accidents and cooperate with the municipal administration.

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Maharashtra

WR’s MAJOR BLOCK BETWEEN GOREGAON AND KANDIVALI

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4 hours ago

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September 20, 2024

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To facilitate the construction of the 6th line between Goregaon and Kandivali, a major block of 10 hours will be taken on the Up and Down Slow lines and Down Fast line between Goregaon and Kandivali stations from 00:00 hrs to 10.00 hrs during the intervening night of Saturday/ Sunday, i.e. on
21st/22nd September, 2024.

According to a press release issued by Shri Vineet Abhishek – Chief Public Relations Officer of Western Railway, during the block, all Up Slow line trains will run on the Up Fast line from Borivali to Goregaon. Similarly, all Down Slow line trains will run on the Down Fast line from Andheri, and these trains will be dealt at Platform No. 7 of Goregaon station. Between Goregaon and Borivali stations, these Down Slow line trains will run on the 5th line and due to unavailability of platforms, these trains will not halt at Ram Mandir, Malad and Kandivali stations during the block period. It may also be noted that all Down Fast trains will run on Down Slow line from Andheri to Virar after 04.30 hrs till the completion of block period. Additionally, a few Churchgate – Borivali Slow train services will be short-terminated and reversed from Goregaon station.

Passengers are also informed that UP and DOWN Mail/Express trains will be subject to delays of approximately 10 to 20 minutes during the block period.

Some suburban trains will be cancelled/short terminated during the block. List of trains cancelled/short terminated is enclosed as Annexure I & Annexure II. Detailed information to this effect is available with concerned Station Masters. Passengers are requested to please take note of the above arrangements.

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