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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

Thane Traffic Update: Road Diversions Announced Between Kalyan-Dombivli Till December 21 For Water Supply Work | Know Alternate Routes

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Thane: The Thane Police has announced major traffic diversions in parts of Kalyan-Dombivli due to water pipeline work at Dombivali East’s Kolegaon area. According to the official notification by the Thane Police, due to the ongoing work to replace the main water pipeline under the 12th water supply scheme at Kolegaon, traffic on the Kolegaon Square–Premier Ground–Kalyan Shil Road route will be affected till December 21.

The traffic diversions will be effective from 12 am on December 9 until 1 am on December 21.

All types of vehicles coming from Kolegaon Chowk towards Premier Maidan, Kalyan Shil Gate will be ‘closed’ at Dombivli East’s Kolegaon Chowk. Alternate Route The said vehicles will travel along the Badlapur Pipe Line to Rohane Katai Badlapur Chowk and from there onwards to the desired destination.

– Entry for all types of vehicles from Kolegaon to Kolegaon Chowk will be closed in front of the Shiv Sena branch in Kolegaon. Alternative route The said vehicles will proceed from near Premier Maidan to the Hanhat location via Kanyat Shik Road.

Meanwhile, a 15-hour water supply cut was announced today, December 9, due to maintenance work on the water supply network. The water supply is scheduled to remain shut from 9 am to midnight today, and several areas of Dombivali West and East are said to be affected.

The maintenance work scheduled today involves replacing the filter bed outlet pipeline at the Netivli Water Purification Centre and conducting repairs on the water distribution system in the Dombivli division.

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Maharashtra

Maharashtra: Opposition Leaders Stage Protest Against State Govt’s Continued Neglect Of Farmers

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Nagpur: The second day of the Maharashtra Legislature’s Winter Session on Tuesday saw the opposition staging a forceful protest over what they termed the state government’s “continued neglect” of farmers.

Accusing the MahaYuti government of apathy, opposition leaders said that despite repeated assurances, the situation on the ground has worsened, with farmer suicides reportedly averaging eight per day.

Leaders, including Vijay Wadettiwar and Aaditya Thackeray, said the government had “misled” farmers with promises of a comprehensive loan waiver that remains unimplemented.

They also criticised the administration for failing to ensure a fair Minimum Support Price (MSP) for key crops.

The opposition further alleged that the government’s decision to reduce import duty on cotton to zero has triggered a surge in foreign cotton imports, severely hurting domestic growers.

They said soybean procurement centres are yet to start operations this season, adding to farmers’ distress. They also hit out at the government for the delay in disbursing bonus payments for paddy.

Soybean farmers have said that they are compelled to sell their produce in the open market below the MSP level, which hardly covers their costs. This, they say, has deepened their financial crisis in rural households.

Raising slogans such as “Deceitful Government!”, “Waive Farmers’ Loans!” and “Ensure Fair Prices for Cotton and Soybean!”, opposition MLAs accused the government of making announcements without delivering meaningful relief.

They also pointed to rising cases of farmer suicides to argue that the administration lacks seriousness in addressing agrarian distress.

The opposition claimed the government’s lack of urgency became evident when the Union Agriculture Minister recently stated that the Centre had not yet received any proposal for aid for rain- and flood-hit farmers from the state.

The state government later clarified that it had submitted the proposal on November 27.

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Maharashtra

Sakri Holi riots: Dhule sessions court acquits ten Muslims including two women in the case, Jamiat Ulema Maharashtra takes legal action against Arshad Madani

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Dhule Sessions Court Additional Sessions Judge Jayshree R. Platte acquitted ten accused, including two women, in the Holi riot case that took place at a place called Sakri near Dhule recently due to the complainant and other government witnesses’ deviation from their previous statements. The court acquitted accused Sumiya Zakir Sheikh, Shabana Farooq Sheikh, Meraj Ibrahim Syed, Nasir Sapro Sheikh, Irfan Sapro Sheikh, Mohiuddin Sheikh, Nisar Naseeb Khan Pathan, Samad Saleem Sheikh, Zakir Sapro Sheikh and Saleem Sheikh of serious charges like attempt to murder. The case of the accused was pursued by the Jamiat Ulema Maharashtra (Arshad Madani) Legal Aid Committee on the request of Jamiat Ulema Dhule. Advocate Ashfaq Sheikh appeared in defense of the accused while Advocate NB Kalal followed the prosecution. On March 18, 2022, communal riots broke out in Sakri on the occasion of Holi, after which the police took unilateral action and registered a case against ten Muslims, including two women, under sections 147, 148, 307, 353, 332, 336, 337, 295 of the Indian Penal Code. The police applied Section 4/25 of the Arms Act on the accused and accused them of assault with weapons. Initially, the case was heard in the Sakri Magistrate Court and then the case was transferred to the Dhule Sessions Court because the police had also applied serious sections like 307/ along with the Arms Act on the accused. During the final hearing, Advocate Ashfaq Sheikh told the court that during the trial, the complainant and his wife did not support the police and deviated from their previous statements. Therefore, the accused should be acquitted from the case.

Additional Sessions Judge Jayshree R. Plate of the Dhule Sessions Court said in his decision that the accused cannot be punished on the basis of deviation from the statements of important witnesses and mere suspicion, therefore all the accused are acquitted from the case. On the instructions of President Jamiat Ulema Maharashtra Maulana Haleemullah Qasmi, Mushtaq Sufi (General Secretary, Dhule District) and his colleagues prosecuted the case.

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