Can Kejriwal run govt from jail? Will Atishi or Saurabh become new CM? Will Centre impose president's rule?

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March 22, 2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
April 25,2024

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Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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April 30,2024

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The JD(S) on Tuesday, April 30, announced that former Indian Prime Minister HD Deve Gowda's grandson Prajwal Revanna has been suspended from the party temporarily until allegations against him over sexual abuse are probed.

Revanna and his father HD Revanna, also a JD(S) MLA, were booked on Sunday by the police for sexual harassment and criminal intimidation based on a complaint from a woman, who worked in their household.

"We welcome SIT against Prajwal Revanna. We've taken a decision to recommend our party's national president to suspend him from the party till the SIT investigation is completed, " JD(S) core committee president GT Devegowda said.

Revanna currently is not in India. Opposition members raised concerns over how he was allowed to leave the country.

"A decision was already made. Tomorrow it is to be recommended at the core committee meeting in Hubballi. Because he (Prajwal) is a Member of Parliament, it has to be done from Delhi. So I had requested Deve Gowda (JD(S) National President and former PM). Neither he (Gowda) nor I were aware of this issue," party chief H D Kumaraswamy has said yesterday. "Some issues have come out, based on that it has been decided yesterday itself to suspend (him). But many were in a hurry."

Prajwal, 33, represents the BJP-JD(S) alliance in the Lok Sabha election in Hassan, which happened on Friday.

Kumaraswamy alleged that Congress was manipulating facts to destroy the image of his family amid the controversy over the 'obscene' video case against his nephew Prajwal.

"We are not going to protect him, we will take severe action but the government's responsibility is more," Kumaraswamy said.

"This is the manipulation of Congress to destroy the image of our family. What is the role of Dewegowda Ji or me? We are not responsible for all those things. This is the individual issue of Prajwal Revanna. I am not in contact with him (Prajwal). It is the responsibility of the government to bring him before the law. Morally we have decided to make some decisions," Kumaraswamy told reporters on Tuesday.

Prajwal Revanna sex scandal

The state government under CM Siddaramaiah has formed a Special Investigation Team to look into the matter. In recent days, certain explicit video clips purportedly featuring Prajwal have circulated in Hassan.

In response, Revanna stated his willingness to cooperate with any investigation regarding the allegations of sexual abuse against his son and himself. He affirmed their readiness to accept any legal consequences if the accusations are substantiated.

Prajwal's father HD Revanna said that his son would appear for an SIT probe whenever he is asked to.

A case of sexual harassment and stalking was registered on Sunday against HD Revanna and Prajwal Revanna at Holenarasipur police station based on a complaint by their cook.

The complainant said she is a relative of Revanna's wife Bhavani.

She claimed that four months into her employment, Revanna began sexually harassing her, while his son Prajwal engaged in video calls with her daughter, engaging in "vulgar conversations."

She also alleged that there is a threat to her life as well as other members of her family.

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April 29,2024

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Mysuru, Apr 29: Veteran politician and incumbent Chamarajanagar MP V Srinivas Prasad breathed his last at 76.The stalwart BJP leader, who had been battling health issues, succumbed to a severe heart attack, leaving behind a void in Karnataka's political arena.

A Dalit leader in the Old Mysuru region, Prasad was in Congress but joined the Bharatiya Janata Party before the 2018 Karnataka Assembly elections following a fallout with Chief Minister Siddaramaiah. The two had recently met in Mysuru and discussed the political scenario in the state.

Prasad extended support to the Congress in the Lok Sabha election 2024 and this is being seen as a crucial factor in the SC-reserved Chamarajanagar constituency, which Prasad represented in Parliament. On April 2, Prasad’s relatives and supporters joined Congress.

He served as a Union minister from 1999 to 2004 as the Loka Jana Shakthi MP. In the Karnataka Assembly elections, he was elected twice as an MLA and served as the state’s revenue minister.

Prasad, known for his distinguished political career spanning over five decades, was admitted to Manipal Hospital in Bengaluru due to urinary tract-related complications and age-related ailments.

However, his condition deteriorated rapidly, leading to his untimely demise in the wee hours of Monday.

Born on August 6, 1947, in Ashokapuram, Mysuru, Prasad's political journey was marked by significant milestones. He represented Chamarajanagar constituency as MP for an unprecedented seven terms and had derved as MLA from Nanjangud constituency twice.

He had held key ministerial portfolios including Minister for Food and Civil Supplies in the Atal Bihari Vajpayee government and Minister for Revenue and Muzrai in the Siddaramaiah-led Karnataka government.

He had joined the BJP officially in December 2016 and was elected as MP from Chamarajanagar again in 2019, showcasing his enduring popularity among constituents.

Prasad's demise has plunged the political fraternity and his supporters into mourning. His family members, political associates, and well-wishers are gathering to pay their final respects as his mortal remains are being transported from Manipal Hospital to his residence in Jayalakshmipuram, Mysuru.

The Exhibition Grounds in Mysuru will witness a stream of mourners as Prasad's mortal remains will be kept for public viewing, allowing people from all walks of life to bid farewell to their beloved leader.

Prasad's name had come up in the 'Tehelka tapes' controversy, after the sting operation by magazine Tehelka to expose defence deals under the Atal Bihari Vajpayee-led NDA government. The tapes showed Samata Party leader Jaya Jaitley allegedly telling an arms dealer to deposit money with Prasad, who was then in Bengaluru. However, Prasad denied these claims, saying he was in Mysuru at the time, and also sued Tehelka for defamation.

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