NCP-UPA trouble live: Congress in damage control after Sharad Pawar quits

July 20, 2012

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New Delhi, July 20: 11:15 am: The UPA is reportedly making all possible efforts to placate Nationalist Congress Party (NCP) chief Sharad Pawar after he and party leader Praful Patel sent their resignation letters to the Prime Minister. The Congress has said that the NCP is important to it.

"Pawar has supported Pranab Mukherjee, he is an important person. The NCP is important to us and ll our allies are intact," Congress leader Jagdambika Pal said.

10:45 am: It is being said that the UPA is not following the coalition dharma and is ignoring smaller allies. Sharad Pawar has now red-flagged the issue and has, in a way, asked the UPA to be serious about smaller allies.

10 am: The UPA is likely to accommodate some demands of Nationalist Congress Party (NCP) chief Sharad Pawar, according to sources. Sharad Pawar, in his meeting with UPA Chairperson Sonia Gandhi, conveyed his displeasure.

Sharad Pawar is reportedly angry at being superseded for the number two position in the Union Cabinet. However, Congress sources claim that the number two position in the Cabinet is not an issue and say the government will take up some of Pawar's demands like forward contracts soon.

9:30 am: Nationalist Congress Party (NCP) chief Sharad Pawar, who resigned from the Cabinet late on Thursday night, met UPA Chairperson Sonia Gandhi on Friday morning.

Nationalist Congress Party (NCP) chief Sharad Pawar and party member Praful Patel on Friday sent in their resignations to Prime Minister Manmohan Singh, sources said. The duo were said to be upset over the NCP chief not being made the number two within the UPA government.

The duo had said they will not attend their offices on Friday. Pawar and Patel sent their resignation letters to Prime Minister Manmohan Singh late on Thursday night. However, the letters have been written in a manner that leaves a window of opportunity open for the UPA as it provides a scope for negotiations.

This may be seen as a trouble for the UPA as the NCP has been one of the most reliable allies of the UPA as it has supported the UPA in important situations. The NCP was among one of the first parties to support UPA candidate Pranab Mukherjee in the Presidential poll. Therefore, the UPA is likely to make efforts to placate Pawar.

The UPA has two options. They can either give the number two position to Pawar, as he desires, or they can make him the Leader of the Lok Sabha. The UPA core committee will meet later on Friday and may chalk out a plan to placate Pawar and Patel.

In fact, for a second time on Thursday, Pawar and Patel had skipped the Cabinet meeting despite the fact that on agenda was a matter relating to Pawar's ministry.

Sources said the rift was over the number two slot. With Pranab Mukherjee gone, Pawar, as per seniority, should have been made number two.

Congress, however, argued that the NCP had only nine MPs while Congress was the largest constituent of the UPA and hence could choose the number two. It's Defence Minister AK Antony who got the slot. This upset the NCP.

NCP sources also said Pawar was upset by the Congress's witch-hunting and lack of gratitude.

Pawar is believed to have been angry that some of his nominees for the Governor's post and for chairmanship of NABARD and NAFED were rejected. Certain projects with which Sharad Pawar was involved were not cleared by government. Also, he accused the Cabinet of dragging its feet over forward trading.

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News Network
March 18,2024

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New Delhi, Mar 18: The Election Commission on Monday afternoon issued orders for the removal of six Home Secretaries - including the top bureaucrats from Gujarat, Bihar, and Uttar Pradesh.

The poll panel also directed the transfer of West Bengal's Director-General of Police, the top cop of a state that has seen several instances of poll-related violence in recent years. The poll panel further said a shortlist of three potential replacements had to be prepared and submitted by 5 pm.

The re-shuffle, not an uncommon move by the Election Commission before major polls, also includes the transfer of the Jharkhand, Himachal Pradesh, and Uttarakhand Home Secretaries, as well as senior officials attached to the offices of the Mizoram and Himachal Pradesh Chief Ministers.

In addition, Iqbal Singh Chahal, who is Commissioner of the Brihanmumbai Municipal Corporation, and other officials in municipalities across Maharashtra, have been removed too.

All of this comes less than a month before the 2024 Lok Sabha poll; the ECI on Saturday said voting will begin on April 19 and run over seven phases till June 1.

This is, in fact, the first bureaucratic re-jig by the ECI since it announced polling dates.

The ECI's move comes after a meeting of Chief Election Commissioner Rajiv Kumar and his two associates, the newly-appointed Gyanesh Kumar and Sukhbir Singh Sandhu. This step comes as part of the poll panel's commitment to ensure a level playing field for all political parties in the forthcoming Lok Sabha and Assembly elections, as well as by-polls for 26 seats in 13 states.

Sources said the personnel removed were found to be holding dual charge in the offices of the respective chief ministers of each state, and this could compromise, or be seen to be compromising, required neutrality, particularly in relation to law-and-order before, during and after polling.

Bengal's ruling Trinamool has not yet reacted to the removal of DGP Rajiv Malik, who is seen by some to be close to Chief Minister Mamata Banerjee's party. In the past, the state government has questioned the last-minute re-shuffle of senior civil service and police officials so close to an election, arguing it actually hampers prep work since the new faces need time to adjust to the post.

Bengal has frequently witnessed violence during polling season; in June last year over a dozen people were killed across the state as voting for a panchayat election was underway.

The Trinamool accused the opposition of instigating violence and criticised central forces for their failure to protect voters, while the Congress claimed the state had let thugs loose on the people.

While announcing the dates on Saturday, the Chief Election Commissioner said the poll panel would take a very dim view of any violence during the election. Mr Kumar said the ECI is prepared to come down hard on any such incident. "We're putting political parties on notice," he declared.

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News Network
March 28,2024

New Delhi: After India summoned an American diplomat over their remarks on the arrest of Delhi Chief Minister Arvind Kejriwal in the liquor policy case, the US reiterated on Wednesday its call for "fair, transparent, timely legal processes".

We continue to follow these actions closely, including the arrest of Delhi Chief Minister Arvind Kejriwal, said US State Department Spokesperson Matthew Miller while responding to questions on India summoning Gloria Berbena, the US Acting Deputy Chief of Mission in New Delhi.

The meeting at the foreign ministry's South Block office lasted nearly 40 minutes yesterday with India objecting strongly to the US remarks on the arrest of Mr Kejriwal.

Miller also responded to a question on the Congress party's frozen bank accounts, saying, "We are also aware of the Congress party's allegations that tax authorities have frozen some of their bank accounts in a manner that will make it challenging to effectively campaign in the upcoming elections."

He said the US encourages "fair, transparent and timely legal processes" for each of these issues.

"With respect to your first question, I'm not going to talk about any private diplomatic conversations, but of course, what we have said publicly is what I just said from here, that we encourage fair, transparent, timely legal processes. We don't think anyone should object to that," he said.

Mr Kejriwal was arrested last week by the Enforcement Directorate (ED), the third Aam Aadmi Party (AAP) leader after Manish Sisodia and Sanjay Singh to be taken into custody in connection with the alleged liquor policy scam.

The US State Department on Tuesday said it is monitoring reports of Mr Kejriwal's arrest and called on New Delhi to ensure "a fair and timely legal process" for the jailed Chief Minister.

India objected to it and warned of "unhealthy precedents".

"States are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies. It could otherwise end up setting unhealthy precedents," the foreign ministry said.

"India's legal processes are based on an independent judiciary which is committed to objective and timely outcomes. Casting aspersions on that is unwarranted," the ministry stressed.

The US remarks came days after Germany's Foreign Office stressed that Mr Kejriwal is entitled to a fair and impartial trial. The Indian government had reacted strongly and summoned the German envoy, labelling their remark "blatant interference in internal matters".

The excise policy was introduced to bring an overhaul to the liquor business in Delhi, but was scrapped after Lieutenant Governor VK Saxena ordered a probe into the alleged irregularities in the policy. The ED believes the bribe money from the policy was allegedly used for funding the AAP's election campaigns. It has also called Mr Kejriwal a "conspirator" in the case.

His arrest just ahead of the 2024 Lok Sabha election has also prompted furious protests from the opposition camp.

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News Network
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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