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Technical glitch grounds West Bengal’s plea against Aadhaar-Mobile linking in SC

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[vc_row][vc_column][vc_column_text]The Supreme Court raps Mamata Banerjee’s government for challenging Parliament’s mandate, says the chief minister can file a petition as an individual citizen

The Supreme Court, on Monday, pulled up Mamata Banerjee’s West Bengal government for directly approaching the apex court against the Centre’s move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

The West Bengal government had filed a writ petition before the Supreme Court under Article 32 of the Constitution. The specific Article can only be used by individual citizens to approach the Supreme Court against state actions which violate their fundamental rights. Article 32 cannot be agitated by a State against the Centre, a technicality that the state government’s counsel, senior advocate Kapil Sibal, seems to have overlooked while moving the apex court which in turn led the top court to rap Banerjee’s government.

The West Bengal government’s plea had come up before the Supreme Court days after a defiant Banerjee had declared that she would not link her mobile phone with her Aadhaar number – something that Prime Minister Narendra Modi has made mandatory for all citizens – and dared telecom companies to disconnect her cell phone connection if they so wished.

After the top court pointed out the technical issues that prevented the West Bengal government from moving the writ petition in its current form, the petition was withdrawn. Justice AK Sikri did, however, note that chief minister Mamata Banerjee can file a petition on the issue as an individual citizen.

At the same time, the Supreme Court bench of Justices AK Sikri
and Ashok Bhushan, accepted a plea by advocate Raghav Tankha (filed against the Union of India) seeking a direction to the Department of Telecom and to various telecom operators to stop misleading the public as to the requirement of Aadhaar being the only means of authentication for proof of address by an erroneous and mala fide interpretation of the Supreme Court order in the Loknithi Foundation Case.

The bench issued notice to the government on Tankha’s plea.

When Sibal – a veteran of many legal battles – appeared as an intervenor for West Bengal chief minister Mamata Banerjee and the government, Justice Sikri, raised an objection, saying: “This is a matter of the State of West Bengal. The State cannot challenge the law on its own. The Secretary for the State should come as the party and more specifically, Ms Mamta Banerjee should file the petition.”

Justice Sikri asked Sibal: “In a federal structure, how can a State file a plea challenging Parliament’s mandate? We know it is a matter which needs consideration, but you satisfy us how a state can challenge it (sic)?”

Expressing its displeasure over the West Bengal government’s plea, Justice Sikri asked Sabil: “How can a State challenge a law passed by the Centre? Tomorrow the Centre will come against laws by the States” and then told the senior counsel: “let an individual come to us… Mr. Sibal, you know this… you are more mature than us.”

Sibal argued, saying: “This petition from my side is on the behalf of the labour department of West Bengal. It raises a public interest issue in regards to distribution of subsidies to targeted children.”

Sibal also requested the court for time to file an amended petition. A bill for Aadhaar seeding with PDS distribution is to be tagged along with this amended application.

The bench said that the issue of linkage of Aadhaar with mobile number will be considered at the end of the board.

The petition filed by advocate Tankha also seeks a direction to the Telecom Service Providers to stop advertisements as well as SMS, thereby misleading the citizens by misinterpreting the Supreme Court order.

The petition has been filed through advocate Pragya Baghel against the telecom operators Vodafone, Bharti Airtel, Idea, Reliance, Department of Telecommunication and Unique Identification Authority of India (UIDAI).[/vc_column_text][/vc_column][/vc_row]

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Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

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Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

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Yogi Adityanath announces free LPG cylinders on Diwali and Holi

Uttar Pradesh Chief Minister Yogi Adityanath has announced one free LPG cylinder each on Diwali and Holi for eligible Pradhan Mantri Ujjwala Yojana beneficiaries. The state has allocated Rs 1,500 crore for LPG refill subsidies covering more than 1.89 crore beneficiaries.

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Uttar Pradesh Chief Minister Yogi Adityanath on Tuesday announced that eligible families covered under the Pradhan Mantri Ujjwala Yojana (PMUY) will receive one free LPG cylinder each on Diwali and Holi.

The announcement came as the Chief Minister participated in a programme organised for distributing LPG refill subsidies to more than 1.89 crore beneficiaries across the state.

The Uttar Pradesh government has allocated Rs 1,500 crore for providing subsidies on LPG cylinder refills to eligible families under the scheme.

Addressing the gathering, Adityanath explained the cost of a domestic LPG cylinder and the subsidy provided by the Centre.

“The price of one domestic gas cylinder is Rs 983.45, and out of this, the Government of India provides a subsidy of Rs 335. You have to spend Rs 648.55 from your own pocket,” he said.

The Chief Minister said the state government had decided to provide one cylinder to poor families covered under the Ujjwala scheme on Diwali and Holi.

“With the money you save, you can buy Diwali sweets and lamps,” he said.

Yogi Adityanath targets previous Congress government

During his address, Adityanath also compared the availability of LPG connections under the present government with the situation during the Congress government’s tenure.

He said people previously faced several difficulties in obtaining a single gas connection, while the present government had provided free gas connections to poor families.

The Chief Minister described the initiative as an example of good governance.

Yogi Adityanath on Ayodhya’s Deepotsav

Earlier on Tuesday, Adityanath described Ayodhya’s Deepotsav, scheduled for November 7, as a symbol of social unity.

In a post on X, he said the festival brought together people from different sections of society through shared faith and cultural participation.

He also referred to the Deepotsav tradition initiated by the state government in 2017, saying it had transformed Ayodhya’s cultural heritage into a celebration involving people from different walks of life.

The Chief Minister is scheduled to visit Ayodhya to review preparations for the event.

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Election Commission clarifies Form 6 rules for existing voters under SIR

The Election Commission has clarified that voters previously enrolled in electoral rolls can submit Form 6 for inclusion if their names are missing from draft lists published during the Special Intensive Revision (SIR).

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Election Commission of India

The Election Commission of India (ECI) has clarified that voters whose names appeared in earlier electoral rolls but are missing from draft lists published during the ongoing Special Intensive Revision (SIR) can submit Form 6 to seek inclusion in the final electoral roll.

In a communication issued on November 3 to the Chief Electoral Officers (CEOs) of all states and Union Territories, the poll body addressed concerns among previously registered voters who were hesitant to submit the form because of the declaration required alongside it.

The Commission clarified that submitting Form 6 in such circumstances would not, by itself, amount to making a false declaration merely because the applicant had been enrolled as a voter previously.

It also stated that no action under Section 31 of the Representation of the People Act, 1950, would be initiated against such applicants solely on the ground of their previous enrolment.

However, this protection applies provided the applicant is not already registered in another Parliamentary or Assembly constituency and the declaration submitted is otherwise in accordance with the law.

Why existing voters were hesitant to submit Form 6

The clarification follows concerns that some previously enrolled voters were reluctant to apply for inclusion in the electoral roll after finding their names missing from the draft lists published during the SIR exercise.

Form 6 requires applicants to furnish a declaration stating that their names are being included in the electoral roll for the first time.

This created apprehensions among previously registered voters, who feared that submitting the form despite their earlier enrolment could be treated as a false declaration and expose them to prosecution under Section 31 of the Representation of the People Act, 1950.

The Election Commission has now clarified that earlier registration does not prevent an eligible voter from submitting Form 6 again when their name does not appear in the draft electoral roll.

Election Commission refers to Delhi High Court order

In its communication, the Commission also referred to the Delhi High Court’s October 14 order in the case of Nilotpal Datta and another versus the Election Commission of India and others.

The case concerned an applicant who had previously been enrolled as a voter but was apprehensive about submitting Form 6 because of the declaration that the name was being included in the electoral roll for the first time.

The High Court observed that the petitioners’ apprehension was misplaced and allowed them to submit Form 6, if they wished, for processing in accordance with the law.

The Election Commission’s latest clarification is in line with this judicial observation.

EC asks states and UTs to publicise clarification

The poll body has asked Chief Electoral Officers across all states and Union Territories to ensure that the clarification reaches concerned voters.

It has also requested officials to publicise the information widely through available media platforms and in local languages so that eligible voters are aware of the procedure for seeking inclusion in the electoral roll.

The clarification comes amid ongoing concerns and legal challenges surrounding the Special Intensive Revision of electoral rolls and the process of re-enrolling voters whose names do not appear in draft lists.

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