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Intra-party dispute, not falling within the scope of defection: Shinde cou+nsel to Supreme Court

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Eknath Shinde (1)

Chief Minister Eknath Shinde’s counsel on Wednesday told the Supreme Court that there is no split in the political party rather, there is a dispute over its leadership, which can be said to be an “intra-party” dispute, not falling within the scope of defection. Shinde’s counsel added, “no two Shiv Senas, two groups in a political party…”

A bench headed by Chief Justice N.V. Ramana and comprising Justices Krishna Murari and Hima Kohli was hearing petitions filed by the Shiv Sena and its rebel MLAs on constitutional issues of splits, merger, defection, and disqualification.

After hearing arguments, the top court asked Shinde’s counsel to redraft the submissions on petitions filed by the Uddhav Thackeray faction on constitutional issues, which arise out of the political crisis in Maharashtra.

Senior advocate Kapil Sibal, representing the Thackeray faction, said the rebel MLAs, Shinde’s faction, can save themselves from disqualification under the tenth schedule of the Constitution only by merging the splinter group with another party, otherwise there is no defence for them. He added that the rebel group violated the chief whip, and they are disqualified as per the tenth schedule.

Senior advocate Harish Salve, representing Eknath Shinde, said there can be a dissenting member in the political party and there has to be democracy within the party. He said, “No two Shiv Senas, two groups in a political party…”

Salve argued that there is no split in the party, instead there is a dispute over its leadership, which can be termed an “intra-party” dispute, not falling within the scope of defection. He said the anti-defection law will apply only to those who have given up the membership of a political party, and his client has not given up the original membership of the party.

Salve said anti-defection law is not a weapon for leaders to lock up members after losing the majority.

He added that if there are a larger number of MLAs who are not satisfied with the way the chief minister is functioning and want a change, why can’t they say there should be a fresh leadership contest? And, changing CM is not anti-party, rather intra-party.

Chief Justice queried Salve, can you form a new party saying the leader did not meet you? Salve replied, “I am within the party…I am the dissenting member within the party,” and also cited the split in Congress in 1969.

The Chief Justice further queried Salve, “What is the purpose of you approaching the ECI (Election Commission of India)?” Salve said after Thackeray resigned there were political developments and municipal elections were near, and who should get the symbol?

Salve added that it is not the case that the MLAs have voluntarily given up their party’s membership. “Not a case of defection… Today it is the case of intra-party rebellion and nobody has given voluntary membership from the party,” he submitted.

The top court, asking Salve to redraft the questions of law, scheduled the matter for further hearing on Thursday.

National News

ECI to enforce TN Seshan’s 1994 guidelines on Burqa-clad women in Bihar polls

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New Delhi, Oct 16: The Election Commission of India (ECI) on Thursday affirmed that it is strictly enforcing the landmark decisions introduced by former CEC T.N. Seshan in 1994 regarding ‘Pardanasheen’ (Burqa-clad) women voters during the next month’s Bihar assembly elections.

Referring to the ECI order dated 1994 with the subject line – “General elections to State Legislative Assemblies-1994-Special facilities in polling stations for women electors”, the commission highlighted that the poll panel is “implementing Ex CEC TN Seshan decisions of 1994 on Pardanasheens in Bihar.”

The term ‘Pardanasheen’ refers to women who, due to cultural conventions, do not appear before male officials or the public spaces without veils.

In 1994, T.N. Seshan issued specific guidelines directing polling officials to make arrangements that respect such sensitivities while ensuring these women are able to cast their votes without intimidation or identity challenges.

According to the 1994 order issued by the former CEC, “Chief Electoral Officer, District Election Officer, Returning Officer, Assistant Returning Officer, and Presiding Officer are responsible for ensuring special arrangements are made for women electors to exercise their franchise in the presence of Lady staff.”

“Where the number of female electors is significant (say, 50 per cent or above) and the system of Burqa or purdah is observed as a social custom, at least one Polling Officer must be a lady Polling Officer in each such polling station,” it noted.

It further added that, “If women officials are not available in the required number, the Returning Officer or Presiding Officer has the authority under Rule 34(2) to appoint ‘any woman to serve as an attendant’ at the polling station.”

Ahead of the Bihar elections scheduled for next month, the assertion by the Election Commission reflects the poll panel’s commitment to ensure the value of every voter, irrespective of gender.

With Bihar witnessing a two-phase voting schedule, the Election Commission’s renewed emphasis on inclusive polling arrangements is expected to significantly boost female voter turnout, especially in rural and conservative regions.

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Crime

Over 60 fall sick after drinking contaminated water in MP’s Chhindwara, medical camps formed for check-up

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Chhindwara, Oct 16: Panic gripped people at a village in Madhya Pradesh’s Chhindwara as more than 60 people suffered from diarrhoea, prompting the district administration to organise camps for an extensive medical checkup, officials said on Thursday.

Villagers fell sick suffering from vomiting and diarrhoea — many of them were rushed at a nearby a hospital for treatment.

However, all of them recovered within the next few hours after undergoing medical treatment, according to Chhindwara Sub-Divisional Magistrate (SDM) Hemkaran Dhruve.

According to official information, people fell ill due to consumption of contaminated water from a well in the village they were using from several years.

Panic gripped the village as one after another person using water from that particular well complained about the same problem.

The district administration took prompt action in the matter and send a medical team to conduct door-to-door medical check-up in Jarola village.

At least 120 people were checked during medical camps organised on Wednesday and Thursday.

“More 150 people were checked in medical camps held in Jarola village. At least 60 of them were found suffering from vomiting, fever, cough, and diarrhoea. However, they all have recovered after necessary treatment,” SDM Dhruve told media persons on Thursday.

Preliminary investigation revealed that people fell sick due to consumption of contaminated water from a well.

“Water samples from well and other water resources in the village have been collected and sent for testing,” the SDM said.

Chhindwara has recently witnessed the shocking Coldrif cough syrup tragedy that had killed 24 children in the past one-and-a-half month, including a four-year-old girl Ambika Vishwakarma, who battled for life for more than a month at a private hospital in Nagpur, died early on Wednesday.

After the unfortunate Chhindwara tragedy, Deputy Chief Minister Rajendra Shukla said that there were 232 drug factories in the state, which were being investigated.

He added that the teams of the health department are also checking the quality control system of those drug-manufacturing units.

Each batch of drugs being supplied to the state government is thoroughly checked, the Deputy Chief Minister said, adding that the private supplies are also being monitored.

He said that he had written to the Tamil Nadu government seeking to know the name of the person behind issuing the license to the drug-making unit that produced the adulterated cough syrup.

The Deputy Chief Minister also sought to know whether any checking had been done before renewing the license.

He admitted that the tragedy occurred in Madhya Pradesh because of the lack of proper monitoring by the Tamil Nadu government.

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National News

Election Commission ‘knows its responsibility to publish data’ post SIR: SC

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New Delhi, Oct 16: The Supreme Court on Thursday adjourned, to November 4, the hearing of a batch of petitions challenging the Election Commission of India’s (ECI) decision to conduct Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.

In a brief hearing, a bench of Justices Surya Kant and Joymalya Bagchi remarked that the poll body is aware of its statutory responsibility to disclose details of additions and deletions made to the voters’ list.

Advocate Prashant Bhushan, appearing for the Association for Democratic Reforms (ADR), submitted that the ECI must publish separate lists of names that were added and deleted, along with reasons for deletions.

“They (ECI) have not been putting out the final roll on their website. That needs to be done immediately,” he said.

In response, senior advocate Rakesh Dwivedi, appearing for the ECI, submitted that such directions from the apex court were unnecessary as the poll body was already in the process of publishing the final electoral rolls.

“Till tomorrow is the time, how can you say we will not put out?” argued Dwivedi.

At this, the Justice Surya Kant-led Bench observed that the matter was not closed and the ECI knew its responsibility.

“They (ECI) know their responsibility and after doing addition and deletion, they are bound to publish it,” the apex court remarked, adding that final lists must be available to political parties and polling agents in each constituency.

It also noted the ECI’s submission that no appeals against deletions had been filed despite the availability of legal aid, as directed by the previous apex court order.

On the larger constitutional question raised by petitioners regarding the ECI’s power to conduct a SIR of the electoral rolls, the bench asked the ECI to file written submissions.

In the previous hearing, the Justice Surya Kant-led Bench requested the Bihar State Legal Services Authority (BSLSA) to communicate with the District Legal Services Authorities (DLSAs) to ensure the availability of paralegal volunteers and legal aid lawyers who can assist the persons omitted from the voters’ list in filing appeals.

“The DLSAs must publicise contact details of these volunteers across villages, coordinate with Booth Level Officers (BLOs), and ensure that all eligible citizens are informed of their rights,” the apex court ordered, asking BSLSA to file a status report within a week.

In that hearing, the ECI refuted the allegations that a large number of names were deleted from the final voter list following the SIR of the electoral rolls in Bihar.

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