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Maharashtra

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

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In a big setback to Uddhav Thackeray’s faction, 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.

After a day-long hearing, a constitution bench headed by Justice D.Y. Chandrachud dismissed the interlocutory application filed on behalf of Thackeray’s faction. The apex court’s decision is very significant in view of the impending Brihanmumbai Municipal Corporation elections, where both Shinde and Thackeray factions would like to contest the poll.

The bench — also comprising Justices M.R. Shah, Krishna Murari, Hima Kohli, and P.S. Narasimha — said there would not be any stay on the proceedings before the Election Commission on intra party dispute and ‘bow and arrow’ symbol of the party. “We direct that there would be no stay of the proceedings before the Election Commission of India,” it said.

Senior advocates Kapil Sibal, A.M. Singhvi and Devadatt Kamat represented the Thackeray’s faction. Sibal submitted that Shinde cannot approach the EC once he has incurred disqualification, saying “I challenged the very locus of the person who moved the EC”.

Sibal clarified that Shinde has incurred disqualification as his various acts amounted to “voluntarily giving up membership of the party” under the Tenth Schedule, and he also violated the party whip, which is also covered by the Tenth Schedule.

The Thackeray camp vociferously argued that since disqualification of Shinde and the MLAs supporting him was pending, therefore EC cannot consider their application over the party and the symbol. However, the top court declined to entertain this contention.

Senior advocates Maninder Singh, Neeraj Kishan Kaul, and Mahesh Jethmalani, assisted by advocate Abhikalp Pratap Singh, argued for the Shinde faction.

Senior advocate Arvind Datar represented the Election Commission.

Shinde’s faction counsel argued that under Article 324 of the Constitution, the EC possesses plenty of powers to deal with any situation which arises in relation to political parties and several party members have sent their representations to the EC supporting the Shinde group.

Kaul submitted that the nature of enquiry under Tenth Schedule and the Symbols Order are different.

Shinde’s faction counsel claimed a hopeless minority sought to remove him from the party, and contended that the Speaker, under the Tenth Schedule, has to exercise power to determine disqualification of a member and he cannot decide on the split or merger within a political party. Shinde faction counsel vehemently argued that a party member’s right to move the EC cannot be taken away.

The EC counsel argued that it worked independently, and its functions are different when compared with the Speaker. The counsel added that it can decide who held the majority in the party.

Shinde and his faction had rebelled against Thackeray, which forced him to resign as Maharashtra Chief Minister.

Shiv Sena’s General Secretary Subhash Desai had moved the apex court saying that Shinde and other MLAs, have purportedly initiated proceedings under para 15 of the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) seeking to be recognised as the “real Shiv Sena” by the EC. Desai added that they are also claiming the right to use the election symbol of “bow and arrow” allotted to Shiv Sena.

Thackeray faction claimed that since the disqualification matter is pending in the apex court, Shinde faction are trying to illegally cobble up numbers and fabricate an artificial majority in the organisation.

The apex court, on July 11, asked the newly appointed Maharashtra Assembly Speaker not to go ahead with proceedings on the disqualification petitions.

Maharashtra

BMC elections announced but Mahayoti and Maha Vikas Aghadi clash over electoral pact

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Mumbai: The Mumbai Municipal Corporation elections have been called but the political parties have not yet reached an electoral agreement. The Maha Vikas Aghadi and Mahayoti have started holding meetings regarding the electoral agreement, but despite this, no conclusion has been reached by all the parties, due to which the electoral agreement of the political parties in the BMC elections is still pending. The Uddhav Thackeray government fell in the Maharashtra Assembly in 2022 and now Uddhav Thackeray’s power has decreased and only 20 MLAs of Uddhav Thackeray have won, while Shinde Sena and BJP have maintained their power. The Mumbai Municipal Corporation elections have been announced and on January 15, the people will exercise their democratic right and the votes will be counted on the 16th and an announcement will be made on the same day. A round of meetings is underway between Shinde Sena and BJP regarding the electoral understanding and seat sharing, but so far they have not reached any conclusion. An understanding has not been reached between BJP and Shinde Sena regarding the Mahim, Parel, Dadar Byculla, and Kalabha areas because these areas contain a Marathi population along with Uttar Bharatiya. Both parties have claimed these areas. Due to organizational issues, Shinde Sena has claimed these areas and has said that due to organizational stability, these areas should be given to Shiv Sena. BJP voters have increased in the last election. BJP’s strength has increased here due to businessmen and Hindutva voters. Therefore, now the possibility of an electoral alliance at the local level is clear, while the alliance is still pending in Maha Vikas Aghadi because due to the alliance between Uddhav Thackeray and Raj Thackeray, Congress and NCP have not yet taken any decision on the electoral alliance. In such a situation, if there is no electoral alliance in Maha Vikas Aghadi and Mahayoti in BMC, then this contest will be more interesting because in this election, two Shiv Sena, two NCP and other parties will try their luck and the number of candidates entering the electoral fray will also increase.

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Maharashtra

‘Don’t Believe Rumours, Your Honour Will Be Maintained In Mahayuti’: Maharashtra Deputy CM Eknath Shinde Appeals To Workers

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Thane: “Won the Lok Sabha, won the Assembly. Now, the goal is to achieve victory in all 29 municipal corporations and deliver development to the people. That is why the decision has been made to form a ‘Mahayuti’ (grand alliance) in all these municipal corporations, and the saffron flag of Mahayuti will fly here,” expressed Deputy Chief Minister Eknath Shinde while speaking at a workers’ meeting in Thane on Tuesday. He also clarified that people should not believe the rumors being spread about seat allocation within the Mahayuti and that their honor will be maintained within the alliance.

A meeting of key officials was organized in Thane on Tuesday against the backdrop of the Thane Municipal Corporation elections. In this meeting, Deputy Chief Minister Eknath Shinde guided the workers. He said that the municipal election program has been announced, the betel nut has been broken, the wedding rush has started. He said that the Shiv Sena is a ringing coin in the Thane elections which are being held after three years.

Thane is a stronghold of Shiv Sena. Nobody can, and nobody will be able to, take down the saffron flag of Balasaheb Thackeray and Dharamveer Anand Dighe Saheb here, he also said.

We made a miracle by contesting 80 seats in the assembly elections and winning 60 seats. We have the bow and arrow symbol. The opposition’s cart has been overturned in the Lok Sabha and Assembly elections, now we will make them bite the dust in the municipal elections as well, he indirectly taunted Uddhav Thackeray. He expressed confidence that the saffron flag of the Mahayuti (grand alliance) will flutter triumphantly in the upcoming elections in January.

Workers/activists are my tonic. They are my energy and inspiration, said Shinde, sharing his experience of the Nagpur tour. He said in emotional words that when thousands of Shiv Sainiks meet, his health also improves. Leaders come and go, positions come and go; but the worker is the true foundation of the party, he said.

While reviewing the work done for the development of Thane and Maharashtra during his tenure as Chief Minister and even after that, Shinde mentioned Samruddhi Mahamarg, Coastal Road, Atal Setu, metro projects, city parks, and major infrastructure projects. He expressed confidence that the traffic congestion in Thane will soon become a thing of the past.

Shinde appealed to people to show organizational strength by implementing the program in a single phase for the municipal elections. Let’s resolve to maintain the glory of Hindutva and the victory of Mahayuti. The saffron flag of Mahayuti must be hoisted again on the Thane Municipal Corporation. Projects have been done, schemes have been implemented, and their success has been proven before the people. He also said that with the blessings of Dharmveer Anand Dighe, victory in Thane is certain again.

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Crime

Maharashtra: Woman From Baramati Raped By 3 Men In Beed After Being Lured With Job Offer

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Beed Maharashtra: A woman from Baramati in Pune district has allegedly been raped by three men in Maharashtra’s Beed district after being promised a job, police said.

The alleged incident took place six months ago, they said, adding that a case was registered a few days back in this connection against four persons, including a woman.

The accused woman lured the victim under the pretext of getting her a job at an arts centre at Ambajogai in Beed district.

However, after the victim arrived here, the woman and two other persons assaulted her and forcibly took her to a lodge in the town where three men allegedly raped her, an official from Ambajogai police station said, quoting the victim’s complaint.

Attempts were also made to force her into prostitution, he said.

The victim recently managed to contact her mother, who rushed to Ambajogai, rescued her daughter and took her back to Baramati.

A case was subsequently registered at the Baramati police station and transferred to Ambajogai Rural police station on Tuesday for further investigation, the official said.

Further probe was on into the case, the police added.

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