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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

Loudspeakers of mosques in Mumbai, Kurt Somaiya’s notice against mosques, threat of deteriorating atmosphere, police notice to maintain law and order,

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Mumbai: Mumbai The controversy over loudspeakers of Mumbai mosques has now intensified. BJP leader Kret Soumya is adamant on action against mosques in Mumbai, after which the Mumbai Police also issued a restraining order notice to Kret Soumya. But despite all this, Kret Soumya visited the Bhandup police and not only demanded action against loudspeakers, but the police, under Kret Soumya’s pressure, took action against loudspeakers of four mosques in Malind. In addition, an illegal mosque was located in Jala Ram Market. Action was taken against it. So far, 11 loudspeakers have been removed. All these loudspeakers were on the mosque within the limits of the Bhandup police station. This information was given by Kret Soumya.
Bhandup police had issued a notice under Section 168 to Kreet Soumya to maintain law and order, asking him not to visit the Muslim settlements of Bhandup Khandipara during his visit on April 19, as this could pose a threat to law and order and also create traffic problems. Along with this, the police had also issued an order for action under Section 223 for violating the notice, despite which Kreet Soumya appeared at the Bhandup police station.
Kreet Soumya’s incitement against mosques is at its peak, and Kreet Soumya’s campaign in Mumbai city is also threatening law and order and communal harmony, while Kreet Soumya has also warned of intensifying this campaign, which continues to pose a law and order problem in Mumbai city. Kret Soumya’s campaign against mosques has also raised fears of communal tension, while the police have now started the process of sending notices to Kret Soumya for visiting Muslim-majority areas. However, despite this, Kret Soumya tries to pressure police officers by going to the relevant police station, while the police have banned Kret Soumya from entering mosques and other religious places in Muslim-majority areas. This is the first time this action has been taken against Kret Soumya in Bhandup.

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Maharashtra

Demolition action on Jain temple in Vile Parle is unfair -: Abu Asim Azmi

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Mumbai: On the demolition of the Jain temple in Mumbai’s Vile Parle, Maharashtra Samajwadi Party leader and Worker’s Assembly termed it as injustice by BMC and said that there is a need to formulate a separate law for religious places because in such a situation there is a risk of deterioration of the environment. He said that the legal stage needs to be completed before taking action on mosques, temples and religious places. The 90-year-old Jain temple was demolished by BMC even before the court’s decision.
This stage was under hearing before the action on the Jain temple, but the BMC has taken this action in a hurry. Before the Jain temple that was demolished, the documents related to the temple and the decision were received. The BMC did not show patience even until the temple was demolished. He said that the BMC takes more swift action on the demolition of religious places instead of demolishing illegal encroachments. He said that the order not to take action on structures and religious places built before 1995 was given by Chief Minister Manohar Joshi. He said that action is needed against such officers who promote illegal constructions and along with action against them, fines should also be collected from them for the demolition of illegal structures.

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Maharashtra

Congress locks Mumbai ED office, Case registered against Congress workers

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Mumbai: Mumbai Enforcement Directorate Police have registered a case against 15 to 20 Congress workers for protesting by locking the ED office. The protest was held at the ED office when it was on holiday and the Congress workers locked the already locked office. According to the police, the office was closed during the protest, but a case has been registered against Congress workers and protesters in this case. The protesters also raised anti-government slogans during the protest at the ED office and the protesters said that Modi sends the ED forward whenever he is afraid. Congressmen have continued to protest against the investigation and inclusion of their names in the charge sheet against Rahul Gandhi and Sonia Gandhi in the National Herald case. Congressmen have protested in the same manner, after which a case has been registered. This case was registered by MRA Marg Police and the investigation is ongoing. No one has been arrested in this case, this has been confirmed by local DCP Praveen Kumar. Police have tightened security around the office following the protest.

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