No floor test in U'khand on Friday,SC extends stay on HC order

April 27, 2016

New Delhi, Apr 27: The President's rule will continue in Uttarakhand and the April 29 floor test in the Assembly ordered by the High Court will not take place as the Supreme Court today extended its stay on the quashing of the Central rule.

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Hearing the Centre's appeal against the Uttarakhand High Court judgement revoking President's rule, the apex court framed seven tough questions and even gave liberty to the Attorney General to include other questions the government would like to be addressed.

The bench comprising Justices Dipak Misra and Shiva Kirti Singh posted the matter for further hearing on May 3 amidst indication that the verdict may be pronounced before the court breaks for summer vacation by the middle of next month.

The bench made it clear that it was extending the stay on the Uttarakhand High Court verdict till further orders on the consent of parties.

Senior advocate Abhishek Manu Singhvi, appearing for Rawat, said there was no question of opposing the bench's stand on continuing with the interim order staying the High Court's order for few more days.

During the hearing, the bench said possibly the answer to the current incident would ultimately be the floor test and asked Attorney General Mukul Rohatgi to think over the questions and suggestions put forward by it.

"The matter has its own gravity and ultimately in such a case prima facie we have to sustain democracy and if we don't find merit with the President's rule then we will have to have a floor test.

"Therefore, as a constitutional concept unless we really vacate our order, not to say lift President's rule, we have to modify our order and have to say go for the floor test. Think over it," it said.

Attorney General said that he will think over it and inform the court.

The bench also said that this is an emergent situation.

While answering various questions Rohatgi, said President's rule will be operative for two months till May 27 and if it is upheld by the court, then to have a floor test will be the discreation of the government and if the President's rule is dismissed, it will be a case of non-existence of Central rule and in that event the direction to the governor will be to call for the floor test.

In a high-voltage hearing that commenced at 2pm in a packed court room, the bench, at the outset, took strong note of the plea of Uttarakhand Chief Secretary that he be also allowed put forth his views in the matter.

"What will the Chief Secretary do? Chief Secretary has nothing to do with the matter. What kind of affidavit he is going to file," the bench said.

The court then listed out seven questions which it wanted to deliberate upon during the course of the hearing and asked Attorney General Mukul Rohatgi and others to assist it.

"Whether the Governor could have sent the message in the present manner under Article 175 (2) for conducting floor test," the bench said in its first question.

It further sought response on the question as to whether the disqualification of MLAs by the Speaker is a "relevant issue" for the purposes of invoking President's rule under Article 356 of the constitution.

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April 22,2024

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The BJP has opened its account in the ongoing Lok Sabha elections. The party's candidate from Gujarat's Surat constituency, Mukesh Dalal, has won the polls as all his opponents are now out of the fray.

BJP's Mukesh Dalal elected unopposed from the Surat Lok Sabha seat after all other candidates withdrew from the contest, the party's Gujarat unit chief CR Paatil said today. Today was the deadline for withdrawing nominations.

The nominations of the Congress party's Surat candidate and his substitute were rejected by the returning officer over alleged discrepancies in paperwork, a development that the Congress called an attempt at "match-fixing".

"Surat has presented the first lotus to Prime Minister Narendra Modi. I congratulate our candidate for Surat Lok Sabha seat Mukesh Dalal for getting elected unopposed," Mr Paatil posted on the microblogging website X, referring to the BJP's election symbol.

Eight candidates - seven of them independents - and Pyarelal Bharti of the Bahujan Samaj Party (BSP) withdrew their papers.

The nomination papers of the Congress's Surat candidate Nilesh Kumbhani was rejected on Sunday after the district returning officer Saurabh Parghi found discrepancies in the signatures of the proposers.

The nomination form of Suresh Padsala, the Congress's substitute candidate from Surat, was also found invalid.

The returning officer had said the four nomination forms submitted by the two Congress candidates did not appear genuine. The proposers, in their affidavits, had said they had not signed the forms themselves, the returning officer said in the order.

Congress lawyer Babu Mangukiya said the party will approach the high court and the Supreme Court for relief.

Congress leader Jairam Ramesh in a post on X said the Surat developments indicate "democracy is under threat". "Our elections, our democracy, Babasaheb Ambedkar's Constitution - all are under a generational threat. This is the most important election of our lifetime," Mr Ramesh said.

Mr Ramesh alleged the "distress" of micro, small and medium enterprise (MSME) owners and the business community in PM Modi's "Anyay Kaal" and their anger have "spooked the BJP so badly that they are attempting to match-fix the Surat Lok Sabha polls, which they have won consistently since the 1984 Lok Sabha elections."

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April 12,2024

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New Delhi, Apr 12: India on Friday asked its citizens not to travel to Iran or Israel amid escalating tensions between the two countries following a strike on the Iranian consulate in Syria 11 days ago.

Iran blamed Israel for the strike and there have been fears that Tehran may launch an attack on Israel soon.

In an advisory, the Ministry of External Affairs (MEA) also urged the Indians residing in Iran and Israel to exercise utmost precautions about their safety and restrict their movements to minimum.

“In view of the prevailing situation in the region, all Indians are advised not to travel to Iran or Israel till further notice,” it said.

“All those who are currently residing in Iran or Israel are requested to get in touch with Indian Embassies there and register themselves,” the MEA said.

“They are also requested to observe utmost precautions about their safety and restrict their movements to the minimum,” it added. 

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April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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