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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

Ruckus in the assembly over controversial statement on Marathi language

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Mumbai: There was a lot of ruckus in the Maharashtra Assembly today over the controversial statement of RSS leader Bhaiyaji Joshi, after which Maharashtra Chief Minister Devendra Fadnavis had to clarify the government’s stand on this. There was a ruckus in the Maharashtra Assembly session when senior RSS leader Bhaiyaji Joshi, while saying that Marathi is not compulsory at a program organized in suburban Ghatkopar area of ​​Mumbai, said that many languages ​​are spoken in Mumbai and Mumbai is multilingual, so there is no need to learn Marathi. Gujarati is spoken in Ghatkopar and many languages ​​are spoken here. The opposition has sought clarification from the government on this issue. UBT leader Bhaskar Jadhav asked the government’s stand on this issue.

On this, Chief Minister Devendra Fadnavis said that I have not heard Bhaiyaji Joshi’s statement. Marathi is the official language of the Maharashtra government. It is mandatory for every resident of Maharashtra to learn Marathi. The Maharashtra government once again wants to explain that government work will be done in Marathi and hence it is also necessary to speak in Marathi. He said that we respect all languages, but Marathi is the language of Maharashtra. Bhaiyaji Joshi had said in Ghatkopar that there are many Gujarati speakers here and most of them are also unfamiliar with Hindi, so there is no need to speak or learn Marathi here because many languages ​​are spoken in Mumbai.

Uddhav Thackeray has also criticized the government over Bhaiyaji Joshi’s controversial statement on Marathi and said that the government should clarify its stand on this, because Bhaiyaji Joshi has created a controversy by coming here, whereas Marathi is the language of Maharashtra and any kind of misbehavior with Marathi will not be tolerated.

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Maharashtra

Lok Sabha LoP Rahul Gandhi Arrives In Mumbai’s Dharavi, Meets Leather Industry Workers

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Mumbai: Leader of Opposition (LoP) in the Lok Sabha and Congress leader Rahul Gandhi, who is on a one-day private visit to India’s financial capital, Mumbai, reached Asia’s largest slum, Dharavi on Thursday afternoon. He was accompanied by local leaders and MP Varsha Gaikwad.

Here, Gandhi spoke to the labourers and small and medium entrepreneurs from the leather industry in an attempt to understand the challenges faced by leather workers. He also visited the famous Brand Chamar studio in Dharavi.

The Congress leader has constantly opposed the Adani group of bagging key projects and alleged the ruling BJP of favoring the conglomerate. Earlier in the day Gandhi was welcomed by Congress leaders of the state including Varsha Gaikwad, Satej Pail, Bhai Jagtap and Vijay Wadettiwar. 

Dharavi Redevelopment Project 

In November 2022, the Adani group emerged as the highest bidder (INR 5,069) to win the auction for the Dharavi redevelopment project.

The Dharavi redevelopment project is a joint venture between the Adani group and the state government. There are around 850,000 residents in the Dharavi area. The redevelopment area is around 600 acres.


Opposition Alleges Scam 

Congress MP and former MLA from Dharavi Varsha Gaikwad has been vocal against her views against the Adani group bagging the project. 

The lawmaker has accused the state government of orchestrating a major scam with the Dharavi Development Project and has alleged that the contract was designed to benefit industrialist Gautam Adani. 

Dividing Views In Opposition 

On one hand, the Congress and Shiv Sena (UBT) opposed the Dharavi redevelopment project on the other NCP (SCP), Patraich Sharad Pawar had said speaking to a digital news channel that “The Dharavi issue is not at all there.”

Dharavi- A Congress Bastion

Dharavi has been a Congres bastion since 1999. In the 2024 election Jyoti Gaykwad won from the seat after her sister Varsha Gaikwad who vacated the seat after wining Lok Sabha Elections from the Mumbai North Central seat. Earlier the seat was held by her father Eknath Gaikwad.

Rahul Gandhi will be leaving from Mumbai for Ahmedabad on Friday morning. 

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Maharashtra

‘RSS Leader Should Be Charged With Sedition’: Uddhav Thackeray On Bhaiyaji Joshi’s ‘Marathi Not Necessary To Live In Mumbai’ Remark

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Mumbai: The controversy over Marathi language in Mumbai has intensified with Shiv Sena (UBT) leader and former Maharashtra chief minister Uddhav Thackeray demanding a sedition case against RSS leader Bhaiyaji Joshi for his “Marathi not necessary to live in Mumbai” remark.

Speaking to media outside Maharashtra Vidhan Sabha in Mumbai, Uddhav Thackeray said, Joshi’s statement reveals BJP and RSS’ hidden agenda. He demanded a sedition case be filed against the RSS leader.

“Just as the Chief Minister said in the Legislative Council that Kortkar is a petty man, he should also say that Bhaiyyaji Joshi is a petty man. A case of sedition should be filed against Bhaiyyaji Joshi,” he said.

Earlier today, responding to the RSS leader’s statement, MLA Aaditya Thackeray stated, “Whether it’s Maharashtra’s language or Mumbai’s language, it is Marathi. Many people come to our state from different regions, settle here, and bring their dreams with them. They contribute, they grow, and everyone is welcome. But the language of this land, of Mumbai, of Maharashtra, is Marathi. Just as Tamil is the language of Tamil Nadu and Kannada is the language of Karnataka, I want to emphasize that Marathi is the language of Maharashtra…”

Meanwhile, after facing flak from INDIA bloc leaders, Bhaiyaji Joshi took a u-turn from his previous statement and said, “Marathi is Mumbai’s language, those coming from outside and speaking other languages should understand it.”

Maharashtra Chief Minister Devendra Fadnavis has responded to the RSS leader’s remark in the state Assembly and made it clear that “Marathi is the language of Mumbai, Maharashtra and the state government.”

“The Marathi language is a part of the culture and identity of the state, and it should be the duty of every citizen to learn it. The Marathi language will be respected and preserved in Maharashtra, and it is an integral part of our cultural heritage,” Maharashtra CM said.

The controversy over Marathi language ignited from RSS leader Bhaiyaji Joshi’s remark made in Mumbai’s Ghatkopar.

Addressing an event, RSS leader said,, “Mumbai doesn’t have a single language. Each part of Mumbai has a different language. The Ghatkopar area’s language is Gujarati. So if you are residing in Mumbai, it is not necessary that you have to learn Marathi.”

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