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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

Uddhav swallowed Mumbai like python: Mahayuti slams ‘anaconda’ remark on Amit Shah

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Mumbai, Oct 28: The political temperature in Maharashtra has soared after Shiv Sena (UBT) chief Uddhav Thackeray launched a scathing attack on Union Home Minister Amit Shah, calling him an “anaconda” and accusing the BJP of trying to “swallow Mumbai” through political manipulation and illegal land acquisition.

Thackeray’s remarks came after a report in Saamna, the Shiv Sena UBT’s mouthpiece, alleged that a new BJP office was built “by grabbing land at lightning speed”.

Drawing a sharp comparison between the BJP and a newly introduced anaconda at Mumbai’s Jijamata Udyan, Thackeray said that the ruling party’s greed to control Mumbai knows no bounds.

Reacting strongly to Thackeray’s statement, leaders from the ruling Mahayuti alliance hit back, accusing him of “swallowing Mumbai’s wealth” during his tenure.

Maharashtra Deputy Chief Minister Eknath Shinde countered the remark, saying, “If we talk about the ‘anaconda’ remark, the one calling others an anaconda is actually the real anaconda himself. He had tightly wrapped himself around Mumbai’s treasury. The special thing about anacondas is that their hunger never ends. He swallowed Mumbai’s wealth, swallowed Mumbai itself, and even grabbed several plots of land.”

Maharashtra Revenue Minister Chandrashekhar Bawankule also lashed out at the Shiv Sena (UBT) chief, comparing him to a “python”.

“Uddhav Thackeray has swallowed Mumbai. He is like a python, not an ordinary snake. This snake sits at home, sleeps all day, eats all day, and has ruined Mumbai. On the other hand, Home Minister Amit Shah has worked for the country from Kashmir to Kanyakumari, strengthening India and tackling terrorism,” he told reporters.

“For over 11 years, under Prime Minister Modi’s leadership, he has helped eliminate terrorists. Such a person, you would call an anaconda? Pythons like these have destroyed Mumbai for over 40 years. Uddhav Thackeray couldn’t even manage his own party properly and has left it weak, while also harming Hindus,” Bawankule said.

“He is a person who has lost his mental balance, especially after the elections. He is trying to prove his leadership by making derogatory remarks against Amit Shah and Devendra Fadnavis; however, he should know that leadership is proven through winning elections and not by abusing,” he added.

Joining the attack, BJP MLA Ram Kadam also took a jibe at the former Maharashtra Chief Minister, saying that Thackeray’s comments reflected his “frustration and deteriorating mental state”.

Speaking to media, Kadam said, “Uddhav Thackeray has been abandoned by everyone, and his recent statement reflects that his mental condition is not right and he is frustrated. With no blood relatives and ministers distancing themselves, he resorts to baseless comments.”

“He knows nothing beyond taunting. How can he criticise our Home Minister? Amit Shah earns respect through hard work, while Uddhav, a lazy person who inherited politics, has failed to sustain it,” he added.

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Maharashtra

6 Afghans arrested in Mumbai accused of preparing fake documents

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Mumbai: Mumbai Police has claimed to have arrested 6 Afghan nationals residing illegally in Mumbai city. The Crime Branch Unit 1 of Mumbai Police had received information that Afghan nationals were residing illegally here, on which Unit 1 and Unit 5 formed a joint team and conducted a raid in Fort, Dharavi-Kalaba area of ​​Mumbai and arrested 6 non-Afghan nationals, who have been identified as Mohammad Rasool Nishazia Khan (24), Mohammad Jafar Nabiullah (47), Mohammad Rasool Nishazia Khan (24), Akhtar Mohammad Jamaluddin (47), Ziaul Haq Ghousia Khan (47), Abdul Manan Khan (36) and Asad Shamshuddin Khan (36). Units 1 and 5 carried out the operation on technical grounds. These Afghan nationals had obtained visas in 2015, 2016, 2017 and settled in India. During this time, these Afghan nationals prepared fake documents and settled in India. All of them are in India. They had also hidden their identity with fake names. Their real names were Abdul Samad Kandahar, Muhammad Rasool Qamaruddin Kandahar, Amilullah Jhabul, Zia-ul-Haq Ahmed Kabul, Muhammad Ibrahim Ghaznavi Kabul, Asad Khan Kabul. All of them had prepared their fake documents to prepare Indian documents and then they prepared Indian documents. In this case, the Crime Branch has taken action against Afghans on a large scale and has arrested Afghan illegal residents. The police have registered a case against them and started investigation. This action has been carried out by Joint Police Commissioner Crime Lakshmi Gautam and DCP Raj Tilak Roshan on the instructions of Mumbai Police Commissioner Deven Bharti. A case of preparing requisite documents has been registered against them and a case has also been registered under the Passport Act.

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Maharashtra

Mumbai Weather Update: City Sees Clear Skies After Heavy Overnight Downpour, Yellow Alert Issued; Overall AQI In Moderate Range At 63

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Mumbai: After heavy rains lashed the city on Friday, bringing brief waterlogging and traffic disruptions, Mumbai woke up to sunny skies on Saturday morning. However, the India Meteorological Department (IMD) cautioned that the respite may be short-lived, as the city remains under a Yellow Alert with a forecast of partly cloudy skies and a possibility of moderate rain or thunderstorms through the day.

According to the IMD, temperatures are expected to hover around 34°C during the day and dip to about 25°C at night. The brief spell of unseasonal rain not only cooled the weather but also brought a remarkable improvement in the city’s air quality, which had deteriorated sharply post-Diwali due to increased pollution and stagnant winds.

Overall AQI In Moderate Category

Real-time data from AQI.in showed that Mumbai’s overall Air Quality Index (AQI) stood at 63 on Saturday morning, placing it in the moderate category, a notable recovery from the unhealthy levels recorded earlier in the week.

Among the city’s monitoring stations, Wadala Truck Terminal reported the highest pollution level with an AQI of 190, followed by BKC (75), Kurla (73), Worli (73) and Chembur (72). While mild traces of smog lingered in some of these areas during the early morning, visibility and air freshness improved significantly across most parts of Mumbai.

On the other hand, several localities recorded remarkably clean air. Thakur Village in Kandivali reported the city’s best air quality with an AQI of 25, while Parel-Bhoiwada (32), Malad West (38), Borivali East (40), and Kandivali East (43) also registered good air quality, offering much-needed relief to residents.

As per AQI.in’s classification, readings between 0–50 indicate “Good” air, 51–100 “Moderate”, 101–150 “Poor”, 151–200 “Unhealthy”, and above 200 “Severe” to “Hazardous.”

Friday’s rain marked the third unseasonal spell after the official monsoon withdrawal and was accompanied by lightning, thunder and gusty winds. The IMD had issued a Nowcast warning late Friday evening, alerting of potential thunderstorms and moderate rainfall over Mumbai and adjoining districts. Meanwhile, most parts of Maharashtra, excluding the Vidarbha region, continue to remain under a Yellow Alert for the next few days.

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