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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.

disaster

Mumbai’s Deputy Commissioner of Police (DCP) Sudhakar Pathare, who was posted in the Port Zone, passed away in a road accident on Saturday.

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Pathare had visited Hyderabad for training. He was on his way to visit a temple with a relative when the accident occurred. Both Pathare and his relative lost their lives in the crash.

Mumbai Police have been informed about the incident.

More details are awaited.

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Maharashtra

Order to demolish the tomb of Hazrat Syed Bale Shah Baba in Mira Bhayander

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Mumbai: The state government has issued an order to demolish the four hundred year old dargah of Hazrat Syed Bale Shah Peer Rahmatullah Alaih located in Mira Bhayander. Mira Bhayander Municipal Corporation has sent a letter to the collector declaring this dargah illegal and ordered action against it. As the dargah is located on forest land, communalists had started demanding the demolition of the dargah. In the House, Darranjan Daukhre had also demanded action against the dargah, after which now the state government has ordered to run a bulldozer on the dargah. An order has also been issued to remove and demolish the dargah by May.

Dargah trustee Amjad Sheikh said that this dargah is ancient and this order is illegal in itself. In this case, communal forces had launched a campaign against the dargah, after which this order was issued.

There is a dargah on the beach and citing the threat of terrorist and illegal activities and the presence of terrorists here, there was a demand to demolish the dargah. The dargah is close to the sea and in such a situation, the threat of a terrorist attack on Mumbai from the sea has been expressed, while the dargah administration has clearly denied this and said that communal organizations are running their agenda against the dargah and there is no such threat. Muslims have opposed this decision of the government and Muslims have also expressed their displeasure and anger over it.

The trustee says that this dargah is ancient and earlier the collector and the municipal corporation had given a notice, after which the illegal shed and other premises were demolished here and the dargah administration has taken this action at its own level. Now an order has been issued to demolish the dargah itself.

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Maharashtra

Haji Ali Dargah will be closed for pilgrims for a few hours on Eid due to rising sea level

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Mumbai: Due to rising sea level at Haji Ali Dargah in Mumbai, the dargah will be closed for pilgrims for a few hours on Eid. On March 31, the dargah will be closed for pilgrims from 12 noon to 3 pm. During this time, entry of pilgrims to the dargah will be restricted. The dargah will be closed on Tuesday, April 1 from 12:45 pm to 3:45 pm and on Wednesday, April 2 from 1:30 pm to 4:30 pm.

Therefore, we have appealed to the pilgrims not to gather at the dargah during these hours. This information has been released by Tahir, administrative officer of Haji Ali Dargah. Pilgrims visit Haji Ali Dargah on Eid-Basi and Tiwasi, but due to the rising water level of the sea, water gets accumulated on the way to the Dargah and entry to the Dargah is prohibited and the gate of the Dargah remains closed during these days, due to which there is a lot of crowd there. Therefore, pilgrims have been requested to come to the Dargah only at the scheduled time.

The police also remains vigilant at the Dargah during the rising sea level, as there is a crowd of pilgrims here during Eid and festivals. The Haji Ali Dargah administration has said that on the occasion of Eid, lakhs of pilgrims visit the Dargah of Haji Ali (RahmatullahAlaih). These pilgrims include pilgrims from the country and abroad, so the Dargah administration has also claimed special security arrangements on Eid. Spiritual scenes are also seen at Haji Ali Dargah during Eid prayers.

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