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Right to contest election neither fundamental, nor common law right: Supreme Court

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The Supreme Court has observed that the right to contest an election is neither a fundamental right nor a common law right and imposed Rs 1 lakh cost on a litigant who sought to contest Rajya Sabha polls without a proposer to propose his name.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia said: “An individual cannot claim that he has a right to contest election and the said stipulation violates his fundamental right, so as to file his nomination without any proposer as is required under the Act.”

The top court noted that petitioner Vishwanath Pratap Singh filed a writ petition before the Delhi High Court raising a grievance that a notification for election to Rajya Sabha was issued on May 12, to fill up the seats of members retiring from June 21 to August 1, and the last date for submission of the nomination was May 31.

“The stand of the petitioner is that he collected the nomination form but was not allowed to file his nomination without a proper proposer proposing his name. The petitioner sought his candidature without proposer which was not accepted and, therefore, he claims that his fundamental right of free speech and expression and right to personal liberty has been infringed.”

Citing a judgment of Rajbala vs State of Haryana (2016), the bench said this court held that the right to contest for a seat in either of the two bodies is subject to certain constitutional restrictions and could be restricted further only by a law made by the Parliament.

Thus, the petitioner did not have any right to contest election to the Rajya Sabha in terms of the law made by the Parliament, it said, adding that the Representation of People Act, 1950 read with the Conduct of Elections Rules, 1961 has contemplated the name of a candidate to be proposed while filling the nomination form.

“We find that the writ petition before the High Court was entirely misconceived and so is the present special leave petition. The right to contest an election is neither a fundamental right nor a common law right. It is a right conferred by a statute,” the court said.

In the order passed on September 9, the top court said, “We dismiss the present special leave petition with cost of Rs 1,00,000. The said cost be paid to the Supreme Court Legal Aid Committee within four weeks. Pending application(s), if any, stands disposed of.”

Maharashtra

₹3,000 Crore Cyprus-Based Betting Fraud: ED Freezes Mule Accounts Worth ₹110 Cr

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Mumbai, Aug 14: In a multi-city crackdown against a Cyprus-based illegal online betting platform, the ED has frozen Rs 110 crore parked in mule bank accounts as part of a Rs 3,000 crore fraud, an official said on Thursday.

Celebrities Linked to Promotion

Cricket stars Sunil Narine and Nicholas Pooran, a Bollywood actress and an Indian rap star were among the brand ambassadors of the platform Parimatch.

The ED initiated an investigation on the basis of an FIR registered by the Cyber Police Station, Mumbai, against Parimatch.com on complaints that it defrauded investors by luring them with high returns, generating over Rs 3,000 crore in a year.

Rejected Payment Aggregators Aided Transactions

The probe also uncovered that payment companies whose applications for Payment Aggregator licenses were rejected by the RBI, offered their services to Parimatch in the garb of technology service providers (TSPs) and offered their API (Application Programming Interface) to facilitate user fund collections, said an ED statement.

ED Seizes Evidence Across Multiple Cities

During the multicity searches, the Directorate of Enforcement (ED), Mumbai Zonal Office, seized incriminating documents and digital devices on Tuesday under the Prevention of Money Laundering Act (PMLA), 2002 from 17 locations in Mumbai, Delhi, Noida, Jaipur, Surat, Madurai, Kanpur and Hyderabad.

The probe against Parimatch revealed that the platform gained visibility through aggressive marketing, including sponsorship of sports tournaments and partnerships with well-known celebrities

The ED said the platform also set up Indian entities to run surrogate advertisements under the names “Parimatch Sports” and “Parimatch News”. Payments to these agencies were made via foreign inward remittances.

Searches revealed that Parimatch routed users’ funds through mule accounts using different strategies across the country.

Complex Money Laundering Network Exposed

In one case, funds deposited by users into mule accounts were withdrawn in cash in a specific locality in Tamil Nadu. This cash was handed over to hawala operators, who used it to recharge virtual wallets of a UK-based company.

These wallets were then used to buy USDT cryptocurrency in the name of mule crypto accounts, operated by Parimatch agents.

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Maharashtra

Meat Ban Row: Security Heightens At Kalyan-Dombivli After Government Calls For Slaughterhouse Shut In Maharashtra

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Mumbai: Municipal corporations across Maharashtra, including Kalyan-Dombivli, Nagpur, Nashik, Malegaon, and Chhatrapati Sambhajinagar, have ordered the closure of slaughterhouses and meat shops on August 15. These closures are part of a broader restriction that encompasses certain Hindu and Jain festivals. In Kalyan, heightened security has been implemented in response to potential protests from political parties and butcher associations against these local orders.

Reports and detail that officials are on alert due to warnings of agitation, including the possibility of setting up meat stalls and organizing gatherings near the Kalyan Dombivli Municipal Corporation (KDMC). Deputy Commissioner of Police, Atul Zende, mentioned that those engaging in such activities will be served notices, with prohibitory orders possibly issued to maintain public order.

The KDMC’s directive mandates all licensed slaughterhouses and butchers to remain closed from midnight on August 14 to midnight on August 15, under threat of legal action per the Maharashtra Municipal Corporation Act, 1949. In response to criticisms, KDMC Commissioner Abhinav Goel noted that such restrictions are not new, having been in place annually since 1988, and apply to other significant days, including Gandhi Jayanti and Mahavir Jayanti, based on recommendations by health officials.

Political responses have varied, with the Nationalist Congress Party (NCP), led by Deputy Chief Minister Ajit Pawar, expressing disagreement with the closures. The BJP, part of the ruling coalition, has supported the directives referencing a 1988 state government resolution that empowers local bodies to enforce these restrictions. Questions have emerged regarding the historical context, as the initial implementation of the policy dates back to when NCP leader Sharad Pawar was chief minister.

Chief Minister Devendra Fadnavis asserted that the government is not concerned with regulating dietary choices, labeling the controversy unnecessary. Conversely, Pawar deemed the bans inappropriate and highlighted that such restrictions typically arise from religious sensitivities. Former Shiv Sena (UBT) MLA Aaditya Thackeray argued for the commissioner’s suspension, advocating against dietary regulations imposed by local authorities.

Opposition parties have criticized the Mahayuti government for creating distractions with “nonsensical” issues while neglecting more pressing matters. Allegations have surfaced that the BJP incites caste and communal tensions as a political strategy.

NCP (SP) MLA Jitendra Awhad announced he would host a mutton party on August 15 to showcase personal dietary freedoms. AIMIM leader Asaduddin Owaisi has contended that the municipal orders are unconstitutional, questioning the connection between meat consumption and Independence Day observances.

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Maharashtra

E20 Petrol Rollout Races Ahead, Here’s How It Will Affect Mumbai’s Roads & Fuel Costs

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Mumbai: Mumbai motorists are set to experience a major change at fuel pumps as E20 petrol, a blend of 20 per cent ethanol and 80 per cent petrol, is now available across the city, well ahead of India’s original 2030 target. The move is part of the central government’s aggressive strategy to cut crude oil imports and curb carbon dioxide (CO2) emissions from vehicles.

Benefits Of E20 Petrol

India, which had moved from E5 in 2003 to E10 by 2022, has now fast-tracked the E20 rollout by five years. Ethanol, typically made from sugarcane, corn or surplus grain, is considered a low-carbon fuel because the plants used in its production absorb the CO2 emitted when it is burned. This makes it cleaner than conventional petrol while reducing the country’s dependency on fossil fuels.

For Mumbai, a city where vehicular emissions contribute heavily to deteriorating air quality, the shift could help marginally improve pollution levels over time. The city has lakhs of registered vehicles, with traffic congestion ensuring that tailpipe emissions are a persistent environmental challenge. Cleaner-burning E20 could reduce this burden, though the impact will be gradual as older vehicles remain in circulation.

However, not all motorists will benefit equally. Owners of newer, E20-compatible vehicles may find the transition smooth, with some even experiencing marginal performance gains. But those driving older models could face reduced fuel efficiency, higher maintenance costs, and faster wear and tear on certain engine components. Mechanics in Mumbai have already reported queries from customers about potential retrofitting or adjustments needed to handle the new fuel.

Why Is India Pushing Towards E20?

Economically, the E20 push is aimed at cutting India’s massive oil import bill, which exceeds USD 130 billion (over Rs 1.1 lakh crore) annually, The move is aimed to boost the rural economy through increased ethanol demand. Maharashtra, with its extensive sugarcane belt, stands to gain from higher ethanol production, potentially benefiting farmers in western and central districts.

Fuel retailers in Mumbai, such as BPCL and IOCL, are reportedly ready for the shift, with most pumps already dispensing E20 alongside regular petrol. While prices are expected to remain close to current petrol rates, motorists could see varying mileage figures, especially during the early adaptation phase.

In the long run, policymakers hope that widespread adoption of E20 will make Mumbai’s roads greener and the nation’s energy security stronger, even if some drivers will have to adjust their budgets to accommodate the change.

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