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Maharashtra

Uddhav vs Shinde: SC allows EC to decide which faction is real Shiv Sena

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 After a day-long hearing, the Supreme Court on Tuesday declined to stop the Election Commission from deciding the claim of Eknath Shinde group to be the real Shiv Sena.

A five-judge constitution bench, headed by Justice D.Y. Chandrachud, said there will be no stay on proceedings before the EC to decide intra-party dispute in Shiv Sena between Uddhav Thackeray and Eknath Shinde faction, on which one is the original party and also on getting the party symbol.

The bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — declined to entertain a plea by the Thackeray faction that EC should not be allowed to proceed in the matter till the apex court decides the plea pertaining to disqualification of Shiv Sena MLAs.

“We direct that there would be no stay of the proceedings before the Election Commission of India,” it said.

Senior advocate Kapil Sibal, representing the Thackeray faction, submitted before the bench that Shinde cannot move the EC, once he has incurred disqualification. Justice Chandrachud noted that mere fact a reference has been made does not stall a constitutional body from deciding if it has power to decide under the law.

The bench noted that Thackeray’s faction contended that the proceedings before the EC is the offshoot of the petitions before it and so it should not go on.

Sibal argued that Shinde wants to go to the EC and say that his faction is the political party, but much before that his membership to the party is in question in these proceedings, which have to be decided first.

The Thackeray faction moved the apex court seeking stay on EC’s proceedings on Eknath Shinde-faction’s plea for recognition as areal’ Shiv Sena.

During the hearing, the bench noted that the political party is a much wider configuration than the legislative unit of that party which consists of the elected members. It further queried if the dispute in relation to the former in the legislative unit affect the authority of the EC.

The apex court heard arguments from the lawyers of both factions, and also the submission of counsel of the EC.

Maharashtra

Mumbai: 32-Year-Old Woman Dies By Suicide In Santacruz; Partner Takes Body To Parents’ Home

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Mumbai: A 32-year-old woman, identified as Farhana Khan, allegedly died by suicide after hanging herself from a ceiling fan at her residence in the Davri Nagar locality of Vakola, Santacruz East, on Monday afternoon, police said.

According to officials, following the incident, Khan’s live-in partner did not inform the police or seek medical help. Instead, he transported her body to her parents’ home, as reported by news agency PTI. The Vakola police have registered a case and are investigating the circumstances surrounding the incident. Further details are awaited.

In another tragic incident of suicide in the city, a 34-year-old man was found hanging at his residence in Andheri West on Monday. The deceased has been identified as Manish Thombare, who worked with a private company and lived in Sai Baba Society, Gaondevi Dongari.

According to DN Nagar police, the incident occurred between 11:30 pm. on Sunday and 11:30 am on Monday. Thombare lived with his brother and sister-in-law. He had gone to sleep in an upstairs room, and when he failed to come downstairs the next morning, his brother went to check on him and found him hanging from the ceiling fan with a saree.

He was immediately rushed to a nearby hospital, where doctors declared him dead. His body was later sent to Cooper Hospital in Vile Parle (West) for a post-mortem examination. Preliminary investigations suggest that Thombare was suffering from depression due to family issues. He was married in 2022 but got divorced four months ago. He had no children. An Accidental Death Report (ADR) has been registered, and further investigation is underway.

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Maharashtra

Mumbai: Red Paint Thrown At Meenatai Thackeray’s Statue At Shivaji Park; Raj Thackeray Visits Site, Uddhav Expected Soon

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Mumbai: Political tensions emerged at Dadar’s Shivaji Park on Wednesday after miscreants threw red paint on bust of Meenatai Thackeray’s- Shiv Sena founder Balasaheb Thackeray’s wife. The bust is located at the entrance of the park. Shiv Sena (Uddhav Thackeray) workers reached the spot and removed the paint. The incident took place early morning. By afternoon, Sena UBT workers put garlands on the Meenatai’s bust after cleaning it.

As per locals, there is a security guard always deployed 24/7 at the park and expressed surprise at the incident. MNS Chief Raj Thackeray, who resides in Dadar’s Shivaji Park, went to the site of the desecration after being made aware of the incident and took stock of the situation. As per locals, Shiv Sena (UBT) chief Uddhav Thackeray will also visit Shivaji Park later in the afternoon.

As per reports, CCTV footage from the area shows a person near the statue around the time of the incident. Investigations are underway to establish the identity of the individual. No formal complaint with the police has been registered so far.

The iconic Shivaji Park ground holds historic importance, socially as well as politically. The park also houses late Balasaheb Thackeray’s memorial next to Chhatrapati Shivaji Maharaj’s statue inside the ground.

As per the tradition, the ground will hold Shiv Sena UBT’s Dussehra melave next month.

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Maharashtra

Bombay HC Quashes PMLA Case Against Chamankar Enterprises In Maharashtra Sadan Contract Row

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Mumbai: The Bombay High Court on Tuesday quashed the money laundering case against Chamankar Enterprises and its three partners, who were accused of irregularities in the award of contracts for the Maharashtra Sadan in New Delhi, the RTO building at Tardeo and an SRA project in Kalina.

A bench of Justices Ajey Gadkari and Rajesh Patil quashed the FIR against Krishna Shantaram Chamankar, Prashant Shantaram Chamankar, and Prasanna Shantaram Chamankar and their firm Chamankar Enterprises.

They had moved the HC after the special PMLA court in October 2024 declined to discharge them, holding that the “scheduled offence is not finally absolved by a court on account of discharge.”

The Anti-Corruption Bureau (ACB) had booked Chamankars in 2015, alleging that in return for the projects, kickbacks were paid to family members of then PWD minister Chhagan Bhujbal.

Although the ACB case was closed in July 2021, with the trial court discharging the firm and its directors, the Enforcement Directorate (ED) continued with a prosecution under the Prevention of Money Laundering Act (PMLA) on the same allegations.

Petitioners’ counsel pointed out that the discharge order passed by the special court on July 31, 2021, had not been challenged for over four years and had thus “attained finality”.

The trial court had categorically held that Maharashtra Sadan and other projects “were constructed as per the contract” and that “there was no material against the petitioners”, their plea contended.

The ED opposed the plea, citing a Jammu and Kashmir (J&K) High Court ruling that PMLA prosecution can continue even if the predicate offence is quashed. However, the agency admitted that they were discharged from the predicate offence.

The HC rejected this argument, stressing that the J&K ruling had no binding effect in Maharashtra and that the Supreme Court’s precedents in other cases were clear.

“It is an admitted fact on record that the petitioners have been discharged by the trial court from the predicate offence registered by the ACB, and the said order has attained finality,” the bench observed in its detailed order.

Relying on the apex court’s finding that acquittal or discharge in the predicate offence extends to those named in a related PMLA case, the HC held: “The conclusion enumerated by the Hon’ble Supreme Court…. squarely applies. Therefore, the ECIR and the charge-sheet filed thereof deserve to be quashed and set aside.”

The Maharashtra Sadan, the state government’s guesthouse in New Delhi, was redeveloped during Chhagan Bhujbal’s tenure as PWD minister. The project became the centre of a major controversy after allegations surfaced that contracts were awarded to firms linked to Bhujbal’s associates in exchange for kickbacks.

The ACB registered a case in 2015, leading to Bhujbal’s arrest and prosecution. Although the Chamankars were named in the alleged scam, the trial court in 2021 discharged them, finding no irregularities in the awarding of contracts or execution of work.

Bhujbal was arrested in 2015 and remained in custody until he was granted bail by the HC in 2018. In 2021, a special court discharged Bhujbal, his son Pankaj, nephew Sameer (former MP), and five others from the ACB case.

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