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

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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.

Maharashtra

Dahi Handi 2025: One Injured After Falling From Govinda Pathak In Dadar

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Mumbai: One person was injured after falling from the top of a human pyramid during Dahi Handi celebrations in Mumbai’s Dadar area on Saturday. The incident occurred as a group of Govindas attempted to break the handi by forming a human pyramid, a traditional highlight of the Janmashtami festival.

The injured participant received immediate medical attention and is reported to be in stable condition. The Dahi Handi celebration in Dadar draws massive crowds each year, and this year was no exception, with enthusiastic participation despite safety concerns.

11-Year-Old Boy Dies During Dahi Handi Practice In Dahisar; Pathak President Booked For Negligence

In another news story related to the Dahi Handi, a tragic incident unfolded in Hanuman Nagar, Ketkipada, Dahisar East, on Sunday, where an 11-year-old boy, Mahesh Jadhav, lost his life while practising for the upcoming Dahi Handi celebrations. Mahesh was a member of the Navtarun Govinda Pathak.

The Dahisar police registered an FIR on Monday against Balu Soornar, the President of the Navtarun Mitra Mandal Pathak, under Sections 106 (causing death by negligence) and 223 (disobedience to an order duly promulgated by a public servant) of the Bharatiya Nyaya Sanhita.

Fall During Practice Turns Fatal

According to police reports, Mahesh was a resident of Dharkhadi, Dahisar East. His family comes from a modest background; his mother works as a domestic helper, his father is a labourer, and he has three younger brothers aged 8, 5, and 1. As the eldest child, Mahesh had taken part in the Dahi Handi practices held by his group.

In preparation for Gokulashtami, the Navtarun Govinda Pathak had been conducting practice sessions. However, reports suggest that no safety measures or protective equipment were provided to the participants. Being the smallest in the group, Mahesh was assigned the topmost position in the human pyramid. During Sunday night’s practice, he lost his balance while standing at the top and fell straight to the ground due to the absence of sufficient members below to cushion the fall.

He sustained critical injuries from the fall and was immediately taken to a multispeciality hospital in Dahisar East, where doctors declared him dead. His body was later transferred to Shatabdi Hospital for post-mortem examination.

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Maharashtra

Mumbai: 32-Year-Old Dahi Handi Participant Dies In Mankhurd, 30 Injured Citywide

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Mumbai witnessed tragedy during the Dahi Handi celebrations on Saturday when a 32-year-old participant from Bal Govinda Pathak in Maharashtra Nagar, Mankhurd, lost his life in an accident.

About The Incident

The incident was reported around 3 pm and confirmed by Shatabdi Hospital, Govandi.

The deceased, identified as Jagmohan Shivkiran Chaudhari, was tying the Dahi Handi rope from the first floor of a G+1 structure when he slipped inside the grill of the house. His family members rushed him to Shatabdi Hospital, where doctors declared him brought dead.

Apart from this fatal mishap, several Govinda participants across the city sustained injuries while attempting human pyramids and other celebratory activities. By 3 pm, hospitals had reported a total of 30 injuries. Of these, 18 cases were reported at Cooper Hospital, where 12 people remained under treatment and six were discharged. At Sion Hospital, six injured Govindas were admitted, with three undergoing treatment and the rest sent home after primary care. Another six cases were recorded at Nair Hospital, with one person still under treatment and five discharged.

In all, 30 people were injured during the day’s festivities, 15 of whom continued to receive medical care while the other 15 were discharged after treatment. Civic authorities stated that apart from the Mankhurd incident, no other major untoward episode was reported in the city during the celebrations.

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Maharashtra

‘Eknath Shinde Won Matka Not Lottery’: MP Sanjay Raut Takes Dig At Maharashtra Deputy CM; MNS-Sena Collaborate For BEST Patpedhi Elections

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Mumbai: In numerous locations, employees from both parties are uniting and engaging in various activities. You inquired about the MNS alliance in the Municipal Corporations of Mumbai, Thane, and Kalyan, and I just provided an answer. The employees from both organizations are collaborating in the BEST Patpedhi elections.

A large march will occur in Nashik, where MNS will participate alongside Shiv Sena in this significant event. We are currently negotiating to contest the elections jointly. “Our focus is on Mumbai,” stated Sanjay Raut, an MP from the Thackeray group.

Sanjay Raut engaged with the journalists. On this occasion, Sanjay Raut stated that the focus of Narendra Modi, Amit Shah, and their business group is Mumbai. They aim to seize control of Mumbai, and the Thackeray brothers’ goal is to ensure that Mumbai is not given to the Gujaratis.

The position of Chief Minister is not a gamble; it’s a matka, stated BJP leader and minister Ganesh Naik regarding Deputy Chief Minister Eknath Shinde. When Sanjay Raut was asked for his thoughts on this, he mentioned that lottery is an esteemed term.

In the past, the government operated a lottery. However, matka is currently being played unlawfully in the state. Despite Devendra Fadnavis being the Chief Minister, the figures are being manipulated. Ganesh Naik referred to the term lottery; he made this indicative comment in Thane.

However, the term matka must have been on his mind. He must have intended to imply that there should have been a matka for the position of Chief Minister. However, matka numbers are unpredictable, and individuals participate in four or five matkas, stated Sanjay Raut.

In the meantime, fundamentally, Girish Mahajan is not Maharishi Vyas. He ought to notice what is igniting beneath him. He ought to consider what will occur for him on the day he is no longer in power, where he will find himself. “On the morrow, when the Thackeray brothers join forces politically, they will be aware.” Sanjay Raut criticized that the thieves and robbers surrounding Fadnavis will struggle to walk the streets when they are out of power.

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