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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.

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Mumbai Accident: Speeding Car Crashes Into Divider, Rams Into Shops In Ghatkopar, 3 Pavement Dwellers Seriously Injured; CCTV Footage Goes Viral

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Mumbai: In a shocking accident early Saturday morning, a speeding car lost control on LBS Road in Ghatkopar, crashing into a divider before ramming into roadside shops and leaving three pavement dwellers critically injured. The incident reportedly occurred around 7 am near the Brihanmumbai Municipal Corporation’s (BMC) Water Supply Department office, a usually busy stretch that was relatively quiet at the time.

CCTV footage of the accident has surfaced on the internet showing exact moments of the crash when the speeding car crashed into the divider and then rammed into the shops injuring pavement dwellers. Other visuals showed the aftermath of the crash showing the crashed vehicle surrounded by locals.

According to reports quoting eyewitnesses, the car was being driven at high speed when it suddenly swerved across the road and slammed into the steps of a shop. Unfortunately, three people who had been sleeping on the footpath at that very spot bore the full impact of the collision.

All three sustained grievous injuries and were immediately rushed to Rajawadi Hospital by locals and police personnel. Doctors have confirmed that the victims are undergoing treatment in the Intensive Care Unit (ICU) and remain in a critical condition.

Several onlookers reported that the vehicle was occupied by two young women and one young man, all of whom appeared to be under the influence of alcohol at the time of the crash. Their reckless driving, locals alleged, was the direct cause of the accident.

Police officials from Ghatkopar station reached the spot shortly after receiving calls from locals. The occupants of the car were taken into custody, and the vehicle was seized for inspection. A case has been registered, and further investigations are underway to determine whether the driver was indeed intoxicated.

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Ind v Pak, Asia Cup: When and where to watch Sunday’s mega encounter

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New Delhi, Sep 13: India and Pakistan are set to renew their rivalry when they clash in a Group A fixture of the ongoing Asia Cup in Dubai on Sunday. Both teams come into the high-voltage encounter after comfortable wins over the UAE and Oman, but their journeys since the last World Cup have followed different trajectories.

Pakistan have endured a turbulent period, struggling to find consistency and forge a clear identity as a team. Their batting has often looked brittle, while their bowling, once their strongest suit, has lacked the same sharpness. In contrast, India have grown into a formidable force, boasting a lethal combination of in-form batters and a bowling attack widely regarded as the best in the world.

Given their balance and depth, India will once again enter the contest as favourites. Yet, with the weight of history and rivalry, Pakistan remain capable of springing a surprise.

In the wake of the Pahalgam terror attack, many fans and former cricketers have voiced strong anger towards Pakistan, with some even questioning whether the match should go ahead.

However, the Indian government gave clearance for the much-anticipated game, allowing the country to play against Pakistan in “international and multilateral events”, but can’t engage in “bilateral sports events in each other’s country”.

Despite getting the official nod, there is not much hype for the weekend’s clash as tickets were available online on Saturday, a day before the match, which is not the case for matches between the nemesis.

Live Streaming details:

The match will be telecast on the Sony Sports Network and streamed on the SonyLIV app and website in India.

Squads:

India: Suryakumar Yadav (c), Shubman Gill, Abhishek Sharma, Tilak Varma, Hardik Pandya, Shivam Dube, Axar Patel, Jitesh Sharma, Jasprit Bumrah, Arshdeep Singh, Varun Chakaravarthy, Kuldeep Yadav, Sanju Samson, Harshit Rana, Rinku Singh.

Pakistan: Salman Agha (c), Abrar Ahmed, Faheem Ashraf, Fakhar Zaman, Haris Rauf, Hasan Ali, Hasan Nawaz, Hussain Talat, Khushdil Shah, Mohammad Haris (wk), Mohammad Nawaz, Sahibzada Farhan, Saim Ayub, Salman Mirza, Shaheen Afridi, Sufiyan Muqeem, Mohammad Wasim Jr.

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Bombay HC Slams BMC Over Potholes, Says Civic Bodies Must Compensate Victims Of Fatalities And Accidents

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Mumbai: The Bombay High Court sharply rebuked the Brihanmumbai Municipal Corporation (BMC) and other civic bodies on Friday for its failure to address the persistent problem of potholes on city roads, suggesting that they should be prepared to compensate victims of accidents and fatalities caused by the hazardous conditions.

A bench of Justices Revati Mohite-Dere and Sandesh Patil criticised the authorities while hearing a suo motu public interest litigation (PIL) hearing regarding the perilous state of city and MMR’s road infrastructure.

The expressed concern, stating, “Roads that once lasted for decades are now developing craters after just one rainfall.” The bench emphasised that the authorities must be ready to offer compensation for both injuries and fatalities resulting from potholes, and raised serious questions about the number of lives lost and injuries sustained due to the neglect of road maintenance. The judges also hinted at the possibility of holding the BMC and other authorities accountable for such tragedies by making them liable for compensation.

Advocate Ruju Thakker, who initially filed a contempt petition against authorities for non-compliance with a 2018 High Court order on potholes, informed the court that five people had died due to potholes—one each in Mumbai and Thane, and three in Bhiwandi.

In response, the the bench remarked, “When someone in the family dies, the entire family’s livelihood is affected. The breadwinner is lost due to sheer negligence. The BMC must be prepared to pay compensation for such losses,” the bench warned.

Senior advocate Jamshed Mistry, appointed as amicus curiae (friend of the court) in the case, pointed out the absence of a public liability insurance system in India, which is commonly found in other countries to cover accidents caused by public infrastructure.

“In other countries, there is a system of public liability insurance to cover such incidents, but in India, this is lacking. Why should citizens bear the brunt of such neglect (by authorities)?” Mistry said.

The court further instructed the BMC’s chief engineer and a senior officer from the Maharashtra State Road Development Corporation (MSRDC) to appear before it next week with detailed reports on the number of deaths and injuries caused by potholes.

“The issue of granting compensation for these pothole-related fatalities will be considered during the next hearing,” the HC said.

It added: “Learned counsel appearing for the respective respondents to also take instructions, as to whether the (civic) corporations are willing to assume responsibility for the medical expenditure of the persons injured on account of potholes within their respective jurisdiction, as the corporations appear to have breached several orders passed by this court from time to time.”

In October 2024, the HC had revived a 2018 PIL concerning pothole repairs across Mumbai and its metropolitan region, after disposing of Thakker’s contempt plea. The court had previously ordered the civic authorities to address potholes and establish a uniform mechanism for addressing public grievances related to road maintenance.

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