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Maharashtra

Shinde Vs Thackeray: Thackeray faction seeks reference to 7-judge bench in SC

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 Former Maharashtra Chief Minister Uddhav Thackeray faction on Tuesday asked the Supreme Court to refer the judgement in the Nabam Rebia case to a seven-judge bench of the apex court.

The judgment restricted the power of the Speaker to decide disqualification petitions if a resolution seeking his removal was pending.

Senior advocate Kapil Sibal, appearing for the Thackeray faction, contended before a five-judge bench headed by Chief Justice D.Y. Chandrachud, that the court may refer the Nabam Rebia judgement (2016) to the seven-judge bench, “if we are able to persuade the court to do so”.

However, the bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said this would be decided by the five-judge bench and arguments can be addressed regarding this. Senior advocate Neeraj Kishan Kaul assisted by advocate Abhikalp Pratap Singh, represented Eknath Shinde’s group, while Solicitor General Tushar Mehta represented the Governor to assist the court on question of law only. Mehta said he would like to submit a note as well.

Sibal said when the matter is taken up, he will be arguing on the reference to the 7-judge bench. The bench asked both sides to prepare a brief note on issues and submit it to the court. After hearing the brief arguments, the top court scheduled the matter for hearing on January 10.

In August this year, a three-judge bench of the apex court had said that a five-judge constitution bench will hear a batch of petitions filed by Maharashtra Chief Minister Eknath Shinde and Uddhav Thackeray factions on queries related to defection, merger and disqualification. A three-judge bench of the apex court, in its reference order, had framed first issue whether notice for removal of a Speaker restricts him from continuing with the disqualification proceedings under Tenth Schedule of the Constitution, as held by this court in Nebam Rabia (by a five-judge bench).

Thackeray suffered a major setback after Eknath Shinde and other MLAs rebelled against him and ousted him as the Maharashtra CM. They also laid claims to the Shiv Sena party and its symbol as well.

The top court restrained the Speaker from proceeding on disqualification petitions against Shinde and other MLAs and subsequently allowed a fresh vote of confidence in the Assembly, after which Thackeray resigned. The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.

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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