Bankrupt entities may soon be barred from contesting elections

May 4, 2016

New Delhi, May 4: A bankrupt person would stand automatically disqualified from becoming a law-maker once the new legislation that looks to slash the time it takes to wind up a dying company or recover dues from a defaulter is enacted.

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According to a clause in the Insolvency and Bankruptcy Code, 2015, the bankrupt would stand disqualified from being appointed or acting as a public servant or being elected to any public office from the date of commencement of proceedings.

The draft legislation provides for disqualification unless exempted by the Adjudicating Authority. But a 30-member Joint Committee of Parliament, headed by BJP's Bhupender Yadav, has recommended not giving "discretion to the Adjudicating Authority to exempt the bankrupt from disqualifications".

Finance Ministry officials said the government has accepted all the changes suggested by the Joint Committee, including on disqualification of the bankrupt.

The Code defines a bankrupt as "a debtor who has been adjudged as bankrupt by a bankruptcy order under section 126; or each of the partners of a firm where a bankruptcy order under section 126 has been made against a firm."

Once declared bankrupt, the person would stand automatically disqualified from being appointed to or acting as a trustee or representative of any trust, estate or settlement. He would also be disqualified from being elected or acting and voting as a member of any local authority.

The bankrupt cannot also serve as a director of any company. Under the existing provisions, individuals can go to jail for failing to repay just Rs 500. And to claim insolvency protection, companies need to wait until at least half of their value is wiped out.

The Code is expected to be taken up for consideration and passage in the ongoing session of Parliament, which ends on May 13.

The committee, which submitted report to Parliament on April 28, has suggested reduction in time window offered under different clauses to expedite the process.

The panel said that in the case of insolvency, interest of workers should be fully protected and they should be given dues for 24 months as against 12 months proposed in the Bill.

It also suggested that the time for filing an appeal in the Supreme Court against the order of the National Company Law Tribunal (NCLT) should be brought down to 45 days from the proposed 60 days. It also called for a shorter timeline reduced in a host of other clauses proposed in the Bill, which was tabled in the Lok Sabha in December last year.

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News Network
December 21,2025

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Invoking the teachings of Prophet Muhammad—“pay the worker before his sweat dries”—the Madras High Court has directed a municipal corporation to settle long-pending legal dues owed to a former counsel. The court observed that this principle reflects basic fairness and applies equally to labour and service-related disputes.

Justice G. R. Swaminathan made the observation while hearing a petition filed by advocate P. Thirumalai, who claimed that the Madurai City Municipal Corporation failed to pay him legal fees amounting to ₹13.05 lakh. Earlier, the High Court had asked the corporation to consider his representation. However, a later order rejected a major portion of his claim, prompting the present petition.

The court allowed Thirumalai to approach the District Legal Services Authority (DLSA) and submit a list of cases in which he had appeared. It also directed the corporation to settle the verified fee bills within two months, without interest. The court noted that the petitioner had waited nearly 18 years before challenging the non-payment and that the corporation could not be fully blamed, as the fee bills were not submitted properly.

‘A Matter of Embarrassment’

Justice Swaminathan described it as a “matter of embarrassment” that the State has nearly a dozen Additional Advocate Generals. He observed that appointing too many law officers often leads to unnecessary allocation of work and frequent adjournments, as government counsel claim that senior officers are engaged elsewhere.

He expressed hope that such practices would end at least in the Madurai Bench of the High Court and added that Additional Advocate Generals should “turn a new leaf” from 2026 onwards.

‘Scandalously High Amounts’

While stating that the court cannot examine the exact fees paid to senior counsel or law officers, Justice Swaminathan stressed that good governance requires public funds to be used prudently. He expressed concern over the “scandalously high amounts” paid by government and quasi-government bodies to a few favoured law officers.

In contrast, the court noted that Thirumalai’s total claim was “a pittance” considering the large number of cases he had handled.

Background

Thirumalai served as the standing counsel for the Madurai City Municipal Corporation for more than 14 years, from 1992 to 2006. During this period, he represented the corporation in about 818 cases before the Madurai District Courts.

As the former counsel was unable to hire a clerk to obtain certified copies of judgments in all 818 cases, the court directed the District Legal Services Authority to collect the certified copies within two months. The court further ordered the corporation to bear the cost incurred by the DLSA and deduct that amount from the final settlement payable to the petitioner.

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News Network
December 20,2025

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At least seven elephants were killed and one calf injured after a herd collided with the Sairang-New Delhi Rajdhani Express in Assam's Hojai on Saturday morning, leading to disruption of rail services. 

The Sairang-New Delhi Rajdhani Express struck a herd of elephants, resulting in the derailment of the locomotive and five coaches. No passenger casualties or injuries were reported, officials said.

The New Delhi-bound train met with the accident around 2.17 am, PTI reported. The Sairang-New Delhi Rajdhani Express connects Mizoram's Sairang (near Aizawl) to Anand Vihar Terminal (Delhi). 

Railway has issued helpline numbers at the Guwahati Railway Station:-

•    0361-2731621
•    0361-2731622
•    0361-2731623

The accident site is located about 126 km from Guwahati. Following the incident, accident relief trains and railway officials rushed to the spot to initiate rescue operations.

Train Services Disrupted

Sources said that due to the derailment and elephant body parts scattered on the tracks, train services to Upper Assam and other parts of the Northeast were affected.

Passengers from the affected coaches were temporarily accommodated in vacant berths available in other coaches of the train. Once the train reaches Guwahati, additional coaches will be attached to accommodate all passengers, after which the train will resume its onward journey.

The incident occurred at a location that is not a designated elephant corridor. The loco pilot, upon spotting the herd on the tracks, applied emergency brakes. Despite this, the elephants dashed into the train, leading to the collision and derailment.

Last month, an elephant was killed after being hit by a train in Dhupguri in West Bengal's Jalpaiguri district. The incident took place on November 30. 

The adult elephant was killed on the spot, and a calf was discovered lying injured beside the tracks. 

Over 70 Elephants Killed In Train Collisions Over Last 5 Years

At least 79 elephants have died in train collisions across the country in the last five years, the Environment Ministry had informed Parliament in August.

In a written reply in the Lok Sabha, Minister of State for Environment Kirti Vardhan Singh had said the figure is based on reports from state governments and Union Territory administrations for the period 2020-21 to 2024-25.

He said that the ministry does not maintain consolidated data on the deaths of other wild animals on railway tracks, including in designated elephant corridors.

Singh confirmed that three elephants, including a mother and her calf, were killed on July 18 this year after being hit by a speeding express train on the Kharagpur-Tatanagar section in West Bengal's Paschim Midnapore district. The incident took place near Banstala between Jhargram and Banstala stations.

The minister said several measures have been taken jointly by the Environment Ministry and the Railways to prevent such accidents.

These include imposing speed restrictions in elephant habitats, pilot projects such as seismic sensor-based detection of elephants near tracks and construction of underpasses, ramps and fencing at vulnerable points.

The Wildlife Institute of India, in consultation with the ministry and other stakeholders, has also issued guidelines titled 'Eco-friendly Measures to Mitigate Impacts of Linear Infrastructure' to help agencies design railways and other projects in ways that reduce human-animal conflicts.

Singh added that capacity-building workshops were conducted for railway officials at the Wildlife Institute of India in 2023 and 2024 to raise awareness on elephant conservation and protection.

A detailed report titled 'Suggested Measures to Mitigate Elephant & Other Wildlife Train Collisions on Vulnerable Railway Stretches in India' had also been prepared after surveys across 127 railway stretches covering 3,452 km.

Of these, 77 stretches spanning 1,965 km in 14 states were prioritised for mitigation, with site-specific interventions suggested. 

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News Network
December 16,2025

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Prime Minister Narendra Modi on Monday held talks with Jordan’s King Abdullah II in Amman, during which the two leaders discussed ways to further strengthen bilateral relations, with the Prime Minister outlining an eight-point vision covering key areas of cooperation.

Describing the meeting as “productive”, PM Modi said he shared a roadmap focused on trade and economy, fertilisers and agriculture, information technology, healthcare, infrastructure, critical and strategic minerals, civil nuclear cooperation, and people-to-people ties.

In a post on social media platform X, the Prime Minister praised King Abdullah II’s personal commitment to advancing India–Jordan relations, particularly as both countries mark the 75th anniversary of the establishment of diplomatic ties this year.

“Held productive discussions with His Majesty King Abdullah II in Amman. His personal commitment towards vibrant India-Jordan relations is noteworthy. This year, we are celebrating the 75th anniversary of our bilateral diplomatic relations,” PM Modi said.

The meeting took place at the Al Husseiniya Palace, where the two leaders also exchanged views on regional and global issues of mutual interest. According to the Ministry of External Affairs (MEA), both sides agreed to further deepen cooperation in areas including trade and investment, defence and security, counter-terrorism and de-radicalisation, fertilisers and agriculture, infrastructure, renewable energy, tourism, and heritage.

The MEA said both leaders reaffirmed their united stand against terrorism.

PM Modi arrived in Amman earlier on Monday and was received by Jordanian Prime Minister Jafar Hassan, who accorded him a formal welcome. Following the talks, King Abdullah II hosted a banquet dinner in honour of the Prime Minister, reflecting the warmth of bilateral ties.

Jordan is the first leg of PM Modi’s three-nation tour. From Amman, the Prime Minister will travel to Ethiopia at the invitation of Prime Minister Abiy Ahmed Ali, marking his first official visit to the African nation. The tour will conclude with a visit to Oman.

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