‘Truth wins’, says Kejriwal as HC sets aside disqualification of 20 AAP MLAs

Agencies
March 23, 2018

New Delhi, Mar 23: In a big victory for the Aam Aadmi Party (AAP), the Delhi High Court today set aside the recommendations of the Election Commission of India (EC) to disqualify 20 AAP MLAs for allegedly holding office of profit.

The HC said the disqualification of AAP MLAs was bad in law, and therefore remanded their plea back to the EC which will hear it afresh. The court further said there was a violation of natural justice and no oral hearing was given to the AAP MLAs before disqualifying them as legislators.

On January 19, the EC recommended the AAP MLAs be disqualified for holding offices of profit. Two days later, President Ram Nath Kovind approved the disqualification. The EC was referring to the fact the MLAs had been appointed parliamentary secretaries to ministers in the Delhi government in March 2015.

"The truth has triumphed. The people whom Delhi had voted as their representatives were wrongly disqualified," tweeted party chief Arvind Kejriwal, after the Delhi HC verdict.

The MLAs then approached the Delhi high court challenging their disqualification. The MLAs who had been axed were Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar and Nitin Tyagi.

A Delhi high court bench of justices Sanjiv Khanna and Chander Shekhar wrapped up hearings in the case on February 28, and reserved its judgment after the legislators, the EC and other parties had concluded their arguments.

The MLAs had told the court that the EC’s order disqualifying them was passed in “complete violation of natural justice” as they were not given an opportunity to explain their stand before the poll panel.

In response to a query from the bench during the hearings, the legislators had agreed to have the case sent back to the poll panel so that the MLAs could be granted an oral hearing.

Backing its recommendation to the President for AAP MLAs’ disqualification, the poll panel had submitted that the legislators cannot claim that they were not holding office-of-profit. It had also claimed that these MLAs' pleas were not maintainable and were liable to be dismissed.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 27,2024

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"I always wanted to be in a bar fight," said a US police official after pinning a Black man down on the ground and kneeling on his neck. The man later died at a hospital.

Ohio Police have come under intense scrutiny following the release of body camera footage showing officers pinning a Black man to the ground in a bar, reminiscent of the events that led to George Floyd's death in 2020.

The video, released by the Canton Police Department, captured the moments leading up to the death of Frank Tyson, a 53-year-old man suspected of leaving the scene of a single-car accident on April 18.

In the footage, officers are seen confronting Tyson inside a bar, where an altercation quickly ensues. Despite Tyson's pleas for help and his repeated cries of "I can't breathe," officers wrestle him to the ground and handcuff him, with one officer applying pressure to his back near his neck while saying, "You're fine." 

Tyson continues to plead for relief while lying on the floor. After several minutes, officers notice his lack of responsiveness and proceed to administer CPR. Paramedics arrive on the scene and transport Tyson to a local hospital, where he later dies.

In the body cam footage, one police officer can be heard bragging about how he always wanted to be in a "bar fight" with one of the patrons of the establishment. 

The circumstances surrounding Tyson's death draw chilling parallels to George Floyd's fatal encounter with Minneapolis Police in 2020 which sparked global outrage. 

The officers involved in Tyson's case, identified as Beau Schoenegge and Camden Burch, have been placed on administrative leave pending an investigation by the Ohio Bureau of Criminal Investigation. 

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April 24,2024

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Ambikapur (Chhattisgarh): Prime Minister Narendra Modi on Wednesday hit out at the Congress, saying the 'vote bank hungry' party wanted to implement reservation on the basis of religion.

Addressing a poll rally in Ambikapur, the headquarters of Surguja district in Chhattisgarh, PM Modi also said the Congress wanted to impose inheritance tax in the country and snatch the rights of people's children.

Some forces want a "weak" government of the Congress and "I.N.D.I." alliance in the country as they thought that if India becomes 'atmanirbhar' (self-reliant), their shops will be shut, he said.

"Today when I have come to Surguja, I want to present the Muslim League thinking of the Congress in front of the country. When their manifesto was released, on the same day I had said, and saying today also that the Congress manifesto has the imprint of Muslim League," Modi said.

When the Constitution was being drafted, it was decided under the leadership of Babasaheb Ambedkar that there would be no reservation on the basis of religion in India, he said.

"If there will be reservation then it will be for by Dalit brothers and sisters and tribal brothers and sisters," he said.

"But the vote bank hungry Congress never cared about the words of the great personalities, sanctity of the Constitution and the words of Babasaheb Ambedkar. Years ago, the Congress made an attempt to implement reservation on the basis of religion in Andhra Pradesh. Then Congress has planned to implement it in the entire country," Modi said.

They talked about implementing 15 per cent reservation on the basis of religion and said it will be done after curtailing the quota of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, he added.

In its 2009 manifesto, Congress's intention was the same and in the 2014 manifesto, it clearly said it will not leave this issue, the prime minister said.

The Congress wanted to change the Constitution and hand over rights of the SCs, STs and OBCs to its vote bank, he said.

The intention of the Congress is not good, it is not according to the Constitution, social justice and secularism. If anyone can protect your reservation, it is the BJP, Modi said.

"The Congress's eyes are not only on your reservation, but also on your earnings, your houses, shops and farms. The 'shehzada' of Congress (apparently referring to Rahul Gandhi) says they will conduct an X-ray of the property of every house and every family in the country. The Congress will snatch all these from you and they say that they will equally distribute them," he said.

Do you know to whom they will distribute it after 'looting' it from you? Modi asked, to which the people replied in affirmative.

"I need not to tell you to whom they will distribute," he added.

Modi further said the 'dangerous intentions' of Congress are coming to forth one by one and now it says it will impose inheritance tax.

"The advisor of shehzada of the shahi parivar, who was also the advisor to the shehzada's father, had said that more tax should be imposed on the middle class and those who earn by toiling hard. Now the Congress says it will impose inheritance tax. It will impose tax on the assets inherited by people from their parents. Now, the panja (Congress poll symbol) will snatch the assets from your children," he said without taking any name.

The Congress' mantra is 'loot of Congress zindagi ke sath bhi, zindagi ke baad bhi', he said.

"They (Congress) want to snatch your assets and rights of your children," Modi added.

The PM also said he had come to seek people's blessings for a developed Chhattisgarh and a developed India.

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