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Maharashtra

Quash Governor’s decision to invite Shinde to be Maharashtra CM: Shiv Sena plea in SC

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The Supreme Court on Friday agreed to hear on July 11 a fresh plea by General Secretary of Shiv Sena’s Uddhav Thackeray faction, challenging the governor’s action of inviting Eknath Shinde to be the Chief Minister of Maharashtra.

Senior advocate Devadatt Kamat, representing Shiv Sena leader Subhash Desai, mentioned the matter before a bench of Justices Indira Banerjee and J.K. Maheshwari and said that they seek listing of the fresh plea along with other pending petitions which are scheduled for hearing on July 11.

“We are challenging the appointment of Eknath Shinde as chief minister,” Kamat said.

The top court said it will be listed before an appropriate bench on July 11.

The plea said: “It is submitted that the action of the Governor dated June 30, 2022 in calling Respondent No. 4 to be the Chief Minister is completely arbitrary and unconstitutional.The president of Shiv Sena is Uddhav Thackeray. The last organisational elections were held in 2018 and the same was intimated to the Election Commission of India. There is no change to the organisational structure of the Shiv Sena and the leadership of Uddhav Thackeray is undisputed and unchallenged.”

A rebellion by Shinde-led Shiv Sena MLAs resulted in the collapse of the Maha Vikas Aghadi (MVA) government.

The plea submitted that the Governor cannot recognise rebel MLAs as a political party as that would ring a death knell on the working of a multi-party democracy.

The plea said there is no merger as envisaged under para 4 of the Tenth Schedule and the President of the Shiv Sena (Uddhav Thackeray) had publicly and admittedly not aligned/supported the BJP. “These rebel MLAs have not merged in any other political party or formed a new political party, therefore even if it is assumed they formed 2/3rd strength of the Legislature party, para 4 of the Tenth Schedule is not at all attracted,” it added.

The plea contended in these circumstances, the satisfaction of the Governor for the purpose of calling upon Shinde to be the Chief Minister as the head of 39 rebel MLAs of Shiv Sena (which is not endorsed by the Shiv Sena) is by itself ex facie unconstitutional.

“The Constitution prohibits recognition of rebel MLAs of a political party under Tenth Schedule, and the action of the Governor legitimises what is expressly prohibited by the Constitution. The Governor has sought to recognise what the Constitution prohibits,” said the plea.

In these circumstances, the Governor in his ipsi dixit guided by his political masters acted malafide and in the teeth of the provisions of the Constitution granted de-facto recognition to the 39 rebel MLAs by inviting Respondent No. 4 to be the Chief Minister.”

The plea sought a direction from the top court to quash the decision of the Governor to invite Shinde to take oath as the Chief Minister of Maharashtra, and form the government.

“Pass an appropriate writ/order/direction quashing the illegal proceedings of the Maharashtra Legislative Assembly held on 03.07.2022, and consequently the election of the Speaker; and/or c. pass an appropriate writ/order/direction quashing the illegal proceedings of the Maharashtra Legislative Assembly held on 04.07.2022, and consequently the Confidence Motion in favour of Respondent No. 4 (Shinde),” it added.

Maharashtra

Mumbai Congress delegation meets Municipal Commissioner, expresses grave concern over poor condition of city

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Mumbai: Today, a high-level Congress delegation led by Mumbai Congress President and MP Prof. Varsha Tai Gaikwad met BMC Commissioner Bhushan Gagrani. The delegation included MLA Aslam Shaikh, MLA Amin Patel, MLA Dr. Jyoti Tai Gaikwad, former corporator Haji Babbu Khan and other former corporators of Mumbai Congress.

Several important issues were raised in the meeting on administrative collapse, corruption and deterioration of public amenities in Mumbai.

‎🛑 Highlights of the meeting:

‎🔸 Increase in property tax without public approval
Violating the directions of the Supreme Court, the BMC increased property tax in the absence of elected representatives. The Congress strongly opposed this unconstitutional move and called it a financial burden on the people of Mumbai.

‎Scams in road construction
‎There is a possibility of massive corruption in the concreting of roads. Only 25% of the work has been completed so far and that too has been hampered by poor quality, damage to pipelines and serious irregularities in tendering – particularly in the inorganic phosphate based geo-polymer concrete tender.

‎🔸 Drain cleaning scam

Drain cleaning before the monsoon has become a sham. All the work has been handed over to contractors, no monitoring, no accountability. The Congress has demanded immediate and strict action.

‎🔸 Medical facilities in ICUs

BMC hospitals – like Baba, Rajawadi, Shatabdi and Bhagwati – are in a shambles. Patients are being forcibly sent to private hospitals, while privatisation of hospitals and delay in development work have worsened the problems.

‎🔸 Waste management
‎The sanitation system is already failing and now the BMC is considering imposing a “garbage tax”. In areas like Kurla and Borivali, the sewer line work has been incomplete for years.

‎🔸 Failure of the education system:

BMC school children have not yet been given books and uniforms. The commissioner has given a deadline of June 15. If this work is not completed, the Congress will again come out with questions on June 16.

‎🔸 Delay in housing schemes and PAP projects:

Housing schemes, PAP and redevelopment projects in areas like Andheri, Vakola, Khar have been victims of builder fraud, misuse of TDR and government negligence.

‎🔸 Other important issues

Corruption in central procurement process

Delay in approving hawking policy

Acute lack of facilities in Muslim graveyards

🗣️ Congress demands:

✅ ACB should investigate contractor mafia in BMC

✅ Independent audit of drain cleaning and road construction works

✅ Independent monitoring body should be formed for BMC tenders

Mumbai cannot be left at the mercy of a neglected and corrupt system. Congress will continue to fight at every level by becoming the voice of the people of Mumbai!

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Maharashtra

Pakistani PIO spy Ravinder Verma in judicial custody

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Mumbai: The court has ordered the remand of Pakistan Intelligence Operative PIO spy Ravinder Verma from ATS remand to judicial custody. Ravinder Verma of the police station is accused of providing secret information to Pakistan, after which the ATS arrested him. Ravinder Verma’s defense lawyer Rupali Shinde said that her client does not have any secret money more than Rs 2,000 in his account, but the ATS opposed it and said that money was also transferred to him from other accounts, after which the court ordered the accused to be kept in judicial custody for 14 days. The defense lawyer said that the girl with whom Ravinder Verma was in contact is not Preeti Jaiswal, but Jaspreet, and he was in contact with her and was affected by the honey trap and this girl is from Punjab and Delhi. The ATS has interrogated the accused, in which the ATS has been provided with many important details.

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Maharashtra

Muslim representative delegation met police commissioner Deven Bharti on Mumbai loudspeaker, stop action till Eid-ul-Adha: Azmi

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Mumbai: Muslim representatives met Mumbai Police Commissioner Deven Bharti and lodged an objection against the removal of loudspeakers from mosques, saying that only mosques are being targeted, which is completely wrong, while the principle of noise pollution is equally applicable to all, but only on the complaint of BJP leader Kirit Somaiya there is a risk of deteriorating the environment by removing loudspeakers from mosques, and a demand was also made to stop police action to maintain law and order.

Maharashtra Samajwadi Party leader and Assembly member Abu Asim Azmi told the media after meeting the Police Commissioner on the loudspeaker issue that Mumbai Police Commissioner Deven Bharti said that no action will be taken against loudspeakers till Eid-ul-Azha, while Azmi drew the attention of the Police Commissioner on this issue that unilateral action is being taken only against mosques. The police take action after the complaint of Kirit Somaiya and then the action starts. He said that the issue of removing loudspeakers from mosques is threatening peace in Mumbai. Azmi said that the way Kirit Somaiya and Nitish Rane are demonstrating provocations has spoiled the atmosphere of Mumbai city.

The police should also take action against them to maintain law and order. Police Commissioner Deven Bharti has assured the delegation that he will take necessary steps on this issue and action will be taken as per the law. Abu Asim Azmi, while expressing concern over mischief on Eid-ul-Azha, told the Police Commissioner that the way some miscreants are constantly trying to create conflict in societies by offering sacrifices. On Nitish Rane’s venom regarding sacrifice in societies, Azmi said that sacrifice is offered in societies and it is done legally, there is no problem in it, but some people are presenting sacrifice as an issue to spoil the environment. He said that even in Hinduism, cats are offered, then no one objects. On Nitish Rane’s demand for virtual sacrifice, he said that Islam will follow Sharia and Muslims offer sacrifices only according to Sharia and the law has allowed us to do so.

Samajwadi Party leader Yousuf Abrahani, Advocate Amin Solkar, Khateeb and Imam of Hari Masjid Maulana Zubair Ahmed Barkati were also present in this representative delegation. Yousuf Abrahani said that legal action is being taken on the loudspeaker issue and the court is also being approached, while all the conditions imposed on the loudspeaker issue are illegal, while the Supreme Court had ordered decibel control and decibels have been fixed, accordingly, loudspeakers are used in mosques, but the police are taking action under pressure from the Kirit Somaiya and the police do not have the authority to remove loudspeakers from mosques, but despite this, this process is continuing, while the Mumbai Police Commissioner has also assured of necessary action on this issue.

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