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Maharashtra

Supreme Court refers Uddhav-Shinde dispute to constitution bench, no order by EC till Aug 25

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 The Supreme Court on Tuesday referred to a constitution bench the petitions filed by the Shiv Sena and its rebel MLAs on constitutional issues of splits, merger, defection, and disqualification.

A three-judge bench headed by Chief Justice N.V. Ramana referred the matter to a five-judge bench observing that the matter involves important constitutional issues. “List the matter before the constitution bench the day after tomorrow”.

The bench will decide about the symbol related to the Election Commission proceeding…,” said the bench. It also asked the Election Commission not to take a final call on Eknath Shinde’s faction claim as the official Shiv Sena party till Thursday (August 25). Senior advocate Kapil Sibal, representing the Uddhav Thackeray faction, asked the top court to restrain the Election Commission from deciding Shinde’s claim.

The bench noted that a constitution bench would have to examine the gap left by the decision in the case of Nabam Rebia v. Deputy Speaker in connection with the power of the deputy speaker to initiate disqualification proceedings. The bench said it is important to highlight the power of deputy speaker to initiate disqualification proceedings when such proceedings has been initiated against him, and added that over here Nabam Rabia judgment needs gap filling.

The three-judge bench said the larger bench needs to look at questions: What is the impact of removal of para 3 of the Tenth Schedule? What is the scope of the power of the speaker? What is the scope of power of the Election Commission of India when there is rift in the party?

On August 4, in a relief to Uddhav Thackeray, the Supreme Court orally asked the Election Commission of India (ECI) to not decide a plea by Eknath Shinde group to recognise them as real Shiv Sena. The top court told the ECI if Thackeray-faction seeks time to file response to its notices on Shinde-faction petition, then it should consider their request keeping in mind the views expressed by the apex court.

The bench told senior advocate Arvind Datar, representing ECI, “Let them file affidavits. But can’t you hold…let no precipitative action be taken…we are not passing any order. But at the same time don’t take any precipitative action…”

Datar submitted that disqualification proceedings under the tenth schedule operate in a different territory and it does not affect the ECI’s power to decide the claim of rival factions for official recognition.

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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