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Shiv Sena Case Is Before SC’s 7-Judge Bench Today

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A seven-judge Bench of the Supreme Court will today hear the 2022 case of Shiv Sena leader Subhash Desai versus Principal Secretary of the then Maharashtra Governor on whether issuing a notice seeking the removal of the Speaker restrains him from adjudicating disqualification petitions under the Tenth Schedule of the Constitution.

Bench to also hear Nabam Rebia vs Deputy Speaker case

The Bench, led by Chief Justice of India (CJI) DY Chandrachud, will also reconsider its 2016 decision in the Nabam Rebia vs Deputy Speaker case, which will have a significant bearing on the political crisis that led to the ouster of then Chief Minister Uddhav Thackeray. The case pertains to the political crisis that began in June 2022, when current Chief Minister Eknath S. Shinde and a large number of MLAs from the Shiv Sena rebelled against then Chief Minister Uddhav Thackeray in the Maharashtra Vidhan Sabha, leading to the collapse of the Maha Vikas Aghadi (MVA) government, comprising the Shiv Sena, the Nationalist Congress Party and the Indian National Congress.

Subhash Desai, the then general secretary of the Thackeray-led Shiv Sena, filed a petition challenging the governor’s invitation to Shinde to form the government.

On August 23, 2022, a three-judge bench of the Supreme Court comprising then CJI NV Ramana and Justices Krishna Murari and Hima Kohli observed that the matter raised important constitutional questions on the interpretation of the Tenth Schedule of the Constitution (Anti-Defection law) and referred it to a five-judge bench.

10 questions on power of speaker

The bench formulated ten questions in the reference order pertaining to the power of the Speaker or the Deputy Speaker to initiate disqualification proceedings while proceedings on their removal are pending. It also referred to the five-judge Constitution Bench ruling in the Nabam Rebia vs Deputy Speaker (2016) case, wherein it was held that the Speaker of a House cannot decide a disqualification petition filed under the antidefection law while a notice under Article 179(c) for his removal is pending.

However, on May 11, 2023, a five judge bench comprising CJI Chandrachud and Justices Hima Kohli, MR Shah, Krishna Murari, and PS Narasimha unanimously decided to refer the Nabam Rebia ruling to a seven-judge bench. The bench, which held that a substantial question of law remains to be settled, also took into account the conflict between the Nabam Rebia judgment and another five judge bench ruling in Kihoto Hollohan v. Zachillhu & Ors (1992) with regard to the scope of judicial interference in disqualification proceedings against a Speaker at an interlocutory stage.

Maharashtra

Sadanand Date appointed as Maharashtra Police chief, Rashmi Shukla takes charge

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Sadanand Date took over as DGP of Mumbai Maharashtra from his counterpart Rashmi Shukla. After the retirement of Rashmi Shukla, the state government had recommended the names of senior IPS officers including Date, after which Date was made a contender for the post of DGP. Sadanand Date has also rendered excellent service as the head of the National Security Agency NIA. He has played an important role in the investigation of the Delhi Red Fort bomb blast, Pahalgam attack and the extradition of the main accused of Mumbai attacks, Tahur Hussain Rana. In 92% of the cases registered by the NIA, the accused have been convicted. Date was first transferred to the Maharashtra cadre and then he was appointed as Rashmi Shukla’s successor today. Other issues including administration in Maharashtra are also a big challenge for Date. Date is skilled in his work. He has previously worked in many sensitive places. Date has also rendered good service as the head of Maharashtra ATS. Apart from this, he also had the honor of being elected the first Police Commissioner of Mira Bhayandar Commissionerate. Sadanand Date is considered an honest and dutiful officer. First, he met Maharashtra Chief Minister Devendra Fadnavis and then took charge of his post. Date is a 1990 batch IPS officer of Maharashtra cadre.

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Crime

Amrapali Group case: ED attaches Rs 99 crore assets for duping homebuyers

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Lucknow, Jan 3: In fresh action against real estate player, the Amrapali Group, the Enforcement Directorate (ED) provisionally attached immovable properties worth Rs 99.26 crore for fraudulently diverting and misappropriating homebuyers’ funds, an official said on Saturday.

The immovable properties attached under the provisions of the Prevention of Money Laundering Act (PMLA), 2002 include the office and factory land and building of Mauria Udyog Ltd., which is one of the entities of the Sureka Group, whose promoters are Navneet Sureka and Akhil Sureka.

The aggregate fair market value of the seized office and factory land and building was Rs. 99.26 crore as on December 30, 2016, the ED said in a statement.

The ED has now passed a total of six Provisional Attachment Orders, including the present one, under Section 5(1) of the PMLA, 2002, attaching properties having a cumulative value of Rs 303.08 crore.

The ED, Lucknow Zonal Office, initiated the investigation on the basis of multiple FIRs registered at different Police Stations in Gautam Buddha Nagar, Uttar Pradesh, and EOW, Delhi Police, and also pursuant to a Supreme Court order.

On July 23, 2019, the Supreme Court passed the order in Bikram Chatterji versus Union of India matter that was related to petitions filed by aggrieved homebuyers.

The allegations were that the Amrapali Group collected huge sums of money from homebuyers, failed to deliver possession of flats within the stipulated time, and fraudulently diverted and misappropriated the homebuyers’ funds by adopting a criminal conspiracy involving bogus transactions, forgery and cheating.

The ED investigation revealed that the accused persons, their associates and promoters — namely Anil Kumar Sharma, Shiv Priya and Ajay Kumar, Directors of the Amrapali Group — in connivance with Navneet Sureka and Akhil Sureka, Directors of Mauria Udyog and Jotindra Steel and Tubes Ltd, diverted homebuyers’ funds through non-genuine and fraudulent transactions under the guise of procurement of TMT bars and construction material.

The funds were layered through a complex web of shell entities and bogus suppliers, withdrawn substantially in cash and irreversibly dissipated, thereby generating and laundering the Proceeds of Crime (POC), the ED said.

It has been established that an amount of Rs110.39 crore was diverted to Mauria Udyog, representing POC generated from the money collected from Amrapali homebuyers.

As the original POC were dissipated and no longer available for direct attachment, the ED has attached the immovable properties of Mauria Udyog on the principle of “value thereof” under the PMLA, 2002, in order to secure the POC.

Earlier, the ED had arrested Anil Sharma, Shiv Priya and Ajay Kumar, Directors of the Amrapali Group; Anil Mittal, Statutory Auditor of the Amrapali Group; and Chander Prakash Wadhwa, CFO of the Amrapali Group.

So far, the ED has filed six Prosecution Complaints in this case, arraigning 33 individuals and entities as accused.

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National News

Maharashtra Civic Body Elections 2026: ‘Democracy Being Bought With Bags Of Cash,’ Says Shiv Sena MP Sanjay Raut On Unopposed Elections

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Mumbai: Shiv Sena MP Sanjay Raut on Saturday launched a scathing attack over the unopposed election, especially of Mahayuti nominees in municipal polls across Maharashtra, stating that even the big leaders of this country were never elected unopposed.

“Atal Bihari Vajpayee was never elected unopposed, nor were Barrister Nath Pai, Vasantdada Patil, Ram Manohar Lohia, or even Narendra Modi. However, a new trend has started in Maharashtra where ‘Sama, Dana, Danda, Bheda (persuasion, money, punishment, and division)’ are being used to ensure unopposed victories,” he remarked.

He added that journalists, political analysts, and the public were well-aware that such a high number of unopposed candidates is unprecedented, not just in the country’s history, but in the history of the world.

Describing the tactics used, Raut at the press conference alleged that candidates were forced to withdraw not just through the misuse of election machinery, but by “showering” them with money. “Opponents were being paid five crore rupees each to step down,” he claimed.

He cited the example of Kalyan, stating that the amount offered to Maharashtra Navnirman Sena (MNS) city chief Manoj Gharat to withdraw was “eye-popping.”

Regarding the situation in Jalgaon, he alleged, “Bags containing five crore rupees each were sent to the houses of candidates to force them to withdraw. The candidates were left stunned by the sheer amount of money. Such a massive play of wealth has never been seen before in this democracy.” Raut further alleged that the election machinery was manipulated.

“The election officials had clear instructions. Although the deadline for withdrawal was 3:00 PM, instructions were issued from the offices of the Chief Minister and Deputy Chief Minister to accept applications even after that time and backdate them to before 3:00 PM,” he said and demanded an investigation into the communication logs.

“Check the phone calls and records of everyone involved. Investigate who called whom in the last 24 hours — which Guardian Minister, which Minister, or which office made the calls. If this is investigated, the mystery behind these unopposed withdrawals will be revealed,” he said.

Raut expressed deep concern over the state’s image, saying, “These incidents have dragged Maharashtra’s prestige through the dust. The state has been completely defamed. If 60 people are being elected unopposed, what kind of election is this? What are the voters supposed to do?”

He questioned the role of the regulatory body, asking, “Has this question ever occurred to the Election Commission? The Election Commission has become a ‘pet cat’ sitting under the plates of these corrupt individuals.”

Meanwhile, Raut also reacted on NCP chief and Deputy CM Ajit Pawar’s scathing attack accusing the BJP leaders from Pimpri Chinchwad Municipal Corporation of reaching the “pinnacle of corruption.”

He further claimed they possess a “monstrous hunger” to enrich their families through illicit means. He reminded the public of the origins of the corruption allegations against the Deputy CM.

“We did not level the ₹70,000 crore irrigation scam allegations against Ajit Pawar. It was Prime Minister Narendra Modi who made those charges during a rally in Bhopal. Ironically, just eight days later, Ajit Pawar joined the Cabinet. The BJP must now answer what happened to those allegations,” he said.

Raut suggested that Ajit Pawar’s sudden change in tone indicates a potential shift in political alignment. Commenting on the accusations regarding the Pimpri-Chinchwad Municipal Corporation he said, “It appears Ajit Pawar is looking for a different path. If a sitting Deputy Chief Minister accuses his own ally of looting the state and gathering property through corrupt means, what should the public conclude?”

Questioning Ajit Pawar’s decision to remain in power despite these grievances, Raut suggested that he should return to his mentor. “If Ajit Pawar feels the BJP is so corrupt, why is he still in the government? He should return to Sharad Pawar. The NCP handed to him by Amit Shah is not the original one; the real NCP belongs to Sharad Pawar, and Ajit knows this,” he remarked.

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