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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.

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Maharashtra

Mumbai: 3 Feared Dead After Ferry Travelling From Gateway Of India To Elephanta Island Capsizes

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December 18, 2024

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Mumbai: In a shocking incident, a ferry which was travelling from Mumbai’s Gateway of India to Elephanta Island started sinking in the Arabian Sea on Wednesday. There are reports that around 30 passengers onboard the ferry when the incident occurred. Rescue operation is being carried and the passengers are being taken out from the sinking boat.

As per reports, the boat named Neelkamal was traveling with 30 to 35 passengers onboard. Currently, a rescue operation is underway by the defense forces. Neelkamal ferry boat was hit by the Pilot vessel at stern which led to the capsize of the boat. The incident occurred near Uran, Kunja.

As per reports, another speed boat which is said to be a patrolling boat collided with the ferry from behind due to which the ferry capsized. The collision led to the boat overturning, with around 50 passengers onboard. Rescue operations were immediately launched in coordination with the Navy, Coast Guard, and Marine Police.

A total of 15 boats have been deployed in the area, including 11 Navy boats, 3 Marine Police boats, and 1 Coast Guard boat. Additionally, four helicopters are actively conducting search and rescue (SAR) missions to locate and assist survivors. So far, 66 people have been rescued from the waters. Unfortunately, three casualties have been confirmed, with their bodies recovered. The exact number of missing persons and potential casualties remains uncertain as the rescue efforts continue.

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Maharashtra

Maha Congress: BJP trying to ‘murder’ Indian democratic system through EVMs, ONOE

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December 17, 2024

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Nagpur (Maharashtra), Dec 17: Continuing to take potshots at the government, Maharashtra Congress President Nana F. Patole claimed that the Bharatiya Janata Party-led NDA is attempting to ‘murder’ the Indian democratic system through Electronic Voting Machines (EVMs), here on Tuesday.

Speaking to the media, Patole said that the EVMs used in the Lok Sabha elections were not utilised for the Maharashtra Assembly elections, for which EVMs were allegedly brought here from Gujarat.

“There is a gross misuse of EVMs. BJP members are sitting on the board of directors of the companies manufacturing EVMs. The EVMs deployed during the Lok Sabha polls were not used for the state Assembly polls and for this, the EVMs were sent from Gujarat,” contended Patole.

He again slammed the Election Commission of India (ECI) for “failing to exercise its constitutional powers” and alleged that all its operations are conducted at the behest of the BJP, “thus revealing their (ECI’s) mindset” – though the government and ECI have rubbished all anti-EVM allegations.

Taking a swipe at the One Nation-One Election, Patole added that the BJP-RSS’ machinations to end the country’s democracy are evident by the ‘One Nation, No Election’ bill brought before Parliament on Tuesday.

Earlier, the Maha Vikas Aghadi (MVA) legislators continued their strong protests for the second day against EVMs, the plight of farmers, the custodial death of a Parbhani Dalit man Somnath Vyankat Suryawanshi in judicial custody, and the killing of a Beed Sarpanch Santosh Deshmukh.

The MVA legislators of Congress-Shiv Sena (UBT)-Nationalist Congress Party (SP) raised slogans and carried placards condemning the MahaYuti government, targeted the police for alleged atrocities in Parbhani and protecting the culprits in the Beed case, plus sought action against the officials concerned in both matters.

Amid the growing clamour from the Opposition, the Speaker said that the Parbhani matter would be taken up for discussion on Wednesday by the Assembly.

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Maharashtra

Rare bonhomie on display between Uddhav Thackeray and Devendra Fadnavis

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1 day ago

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December 17, 2024

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Nagpur, Dec 17: After a bitter fight and war of words during the recently held Assembly election, Shiv Sena-UBT chief Uddhav Thackeray on Tuesday met Chief Minister Devendra Fadnavis in Vidahan Bhavan and congratulated him for MahaYuti’s victory.

Thackeray, who was accompanied by his son and former minister Aaditya Thackeray and party legislators, spent a few minutes in the CM’s chamber and gave him a bouquet wishing him his successful tenure. Both exchanged their views in a lighter atmosphere. A rare bonhomie between Thackeray and Fadnavis was on display.

“I wished Fadnavis for taking over as the chief minister and also congratulated him for MahaYuti’s victory in the state Assembly. There is a rich tradition in Maharashtra for a healthy dialogue between the ruling and opposition party leaders. I also wished him under his chief ministership Maharashtra will further progress,” said Thackeray.

Thackeray also met the Maharashtra Legislative Assembly Speaker Rahul Narwekar and congratulated for his election as the Speaker.

The Shiv Sena-UBT chief has clarified that there was nothing political about his meeting with the chief minister.

Ahead of the Assembly election, Thackeray had slammed Fadnavis, likening him to an “insignificant dhekun (bed bug)” and stressing on the need “to get rid of it”. In another public meeting, Uddhav called him “tarbuz (watermelon)” that “should be dumped in potholes”.

Fadnavis hit back saying that something had affected Uddhav Thackeray’s health and he should get well soon.

Thackeray had recently targeted Fadnavis saying “Either you will remain, or I will.” However, after taking over the CM’s charge on December 5, Fadnavis downplayed Thackeray’s statement and said, “Both are in politics.”

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