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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

Lack of general civic amenities in Mankhurd Shivaji Nagar, rehabilitation should be done after civic amenities are provided to the victims of Dharavi Rehabilitation Project: Abu Asim

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Abu Asim Azmi opposed the development of more waste management for waste disposal in Mankhurd Shivaji Nagar, Mumbai, in the winter session of Nagpur and said that Mankhurd Shivaji Nagar is a slum area. There is already a dumping ground here. There is also a waste management company, which is causing a lot of problems to the citizens. Pollution has increased due to waste disposal. The air here is toxic. On the one hand, a dumping ground is being shifted from Malind and a golf course is being built, and on the other hand, the residents of the slums of Dharavi are being rehabilitated here. There is a lack of civic amenities in Govindi. Until schools, colleges, grounds and religious places, mosques, temples and other places of worship are built, no one should be rehabilitated here. Along with this, the dumping ground and other waste management companies should be removed from here. There is already a waste management company here. Now more such companies are destroying human life. It should be banned immediately, this demand was made by Azmi.

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Crime

Mumbai Professor Seeks Anticipatory Bail After Molestation Case, Claims Mental Illness And Attempt To Tarnish Image

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Mumbai: A guest professor, booked for molesting female students at the annual function of St. Xavier’s College in south Mumbai, has approached the sessions court for an anticipatory bail, claiming he is suffering from a mental ailment and the case had been lodged to ruin his image. The court has reserved the plea for order next week.

As per the FIR lodged with the Azad Maidan police station, the professor was invited at an event of National Hindi Parishad, held on November 24, wherein he allegedly sexually harassed nine students and one retired teacher. It is claimed that he exhibited obscenity during the festival.

While seeking protection from the arrest, the professor has claimed he is suffering from depression and other health issues, and has on several occasion attempted to commit suicide. He claimed he is currently admitted in the hospital due to his mental ailment. The professor claimed he is ready to appear before the officer through video conferencing after he is discharged from the hospital.

The plea was opposed by the prosecution on the ground that from the statements taken from the victim women, the accused appears to be of “a perverted nature”, and the possibility of him behaving indecently with other women cannot be ruled out. The police have also raised an apprehension of communal tension as the accused and the victims are of different religions.

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Maharashtra

Mumbai: Accused wanted in Kurla Methi River irregularities arrested, accused of cheating crores of rupees and creating fake AMU

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Mumbai: Economic Wing AOW has claimed to have arrested the wanted accused and contractor in the case of Mithi Nadi cleanliness and irregularities. The AOW has arrested the absconding wanted Sunil Shyam Narayan SM Infrastructure, Mahesh Madhav Rao Purohit. During the investigation of the Mithi Nadi contract and irregularities worth crores of rupees, the police had registered a case. Earlier, three accused were arrested. According to the EOW, from 2013 to 2023, fake MAUs were prepared and bills worth crores of rupees were approved in collusion with BMC officers. A proposal to purchase a machine to remove garbage from 2021 to 2024 was also approved and under the guise of the same, a fraud of crores of rupees was committed for cleaning the garbage. In this case, the police have arrested the accused agents Ketan Kadam, Jay Joshi and Mithi Nadi contractor Sher Singh Rathore. By preparing fake documents, the accused also prepared fake AMUs and also signed fake signatures. The accused were produced in court and remanded in custody until December 16.

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