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Delhi HC quashes President’s order disqualifying AAP MLAs

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Delhi HC quashes President's order disqualifying AAP MLAs

The Delhi High Court on Friday, March 23, set aside Presidential notification disqualifying 20 Aam Aadmi Party MLAs from Delhi legislative assembly.

The President, on recommendation from the Election Commission (EC), had disqualified the MLAs for holding “office of profit”.

The High Court quashed the order, saying, “Opinion of the Election Commission of India is vitiated and bad in law for failure to comply with the principles of natural justice,” and referred the case back to EC for reconsideration.

The High Court bench, comprising Justices Sanjiv Khanna and Chander Shekhar, was hearing a petition filed by all the 20 MLAs, who had challenged the order contending that “there was no communication to us (AAP MLAs) from the Election Commission (EC) about the hearing before it. It is in complete violation of natural justice.”

The petition added: “It is also that even a temporary government employer cannot be removed on the grounds of misconduct without holding a full-fledged inquiry. However, in the present case, the members of the legislative assembly were removed without holding a full-fledged inquiry and without giving them an opportunity to explain if they ever held any office of profit.”

The court said the poll panel ‘s recommendation on January 19 was vitiated because of the failure to give the MLAs an oral hearing or opportunity to address their argument on merits.

AAP convener and Delhi Chief Minister Arvind Kejriwal called the HC’s order a victory for the people of Delhi. “Satya ki jeet hui. Delhi ke logon dwara chune huye pratinidhi ko galat tareeke se barkhaast kia gaya tha. Delhi HC ne Delhi ke logon ko nyaay diya. Delhi ke logon ki badi jeet. Delhi ke logon ko badhai (Truth has won. Elected representatives of Delhi were wrongly dismissed. Delhi High Court has given justice to the people of Delhi. This is a big victory for the people of Delhi and I congratulate them),” he tweeted.

With their disqualification revoked, AAP MLAs can now join assembly proceedings. The party has a majority in the Delhi Assembly.

The High Court order also puts an end to speculation about the likelihood of by-elections to the constituencies of these MLAs following the President’s order. BJP was hoping to improve its tally in Delhi Assembly, where it has a total of merely three MLAs at present, banking on the projected image of Prime Minister Narendra Modi and the tactics of BJP president Amit Shah. The party will now have to wait longer.

The office of profit case pertains to the appointment of the MLAs as Parliamentary Secretaries in the Arvind Kejriwal cabinet. The appointment, however, was set aside by the Delhi High Court on September 8, 2016, on the basis that they were appointed without prior concurrence with the Delhi Lieutenant Governor.

They had been appointed parliamentary secretary by the Arvind Kejriwal government in 2015.

Soon after their appointment, a huge controversy erupted with complaints being registered with the Election Commission.

On January 19, the EC recommended the AAP MLAs be disqualified for holding offices of profit. On January 21, 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 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.

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.

The 20 disqualified AAP MLAs had moved the High Court on January 23 against the presidential order disqualifying them for holding office of profit as ‘parliamentary secretaries’ in the Delhi government.

A single-judge bench of the High Court on January 24 had refused to stay the Centre s notification disqualifying the MLAs, but had directed the Election Commission to maintain status quo on the disqualification by withholding the announcement of bypoll dates for the Delhi Assembly seats that would have fallen vacant if the MLAs were disqualified.

After the case was transferred to the Delhi high court bench of justices Sanjiv Khanna and Chander Shekhar it was heard on a day-to-day basis. The Bench 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.

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

Senior advocates KV Vishwanathan and Mohan Parasaran appearing for the MLAs had challenged their disqualification on the grounds of violation of the principles of natural justice.

It was further argued that the post of parliamentary secretary could not be considered as an ‘office of profit’ as there was no element of ‘profit’ or pecuniary benefit attached to it. The post was similar to that of an intern to a minister, it was submitted.

Amit Sharma, appearing for the Election Commission, submitted before the bench that the existence of pecuniary benefit was not the only requirement to establish an office of profit. It was argued that discharging executive duties and function as parliamentary secretaries also constituted an office of profit. It was further stated that principles of natural justice were sufficiently complied with by providing the MLAs an opportunity to file their written submissions in their defence.

Entertainment

Kriti Sanon’s Raksha Bandhan ad draws criticism over modern festive look

Kriti Sanon’s Raksha Bandhan advertisement has sparked an online debate, with some social media users questioning her contemporary festive outfit and the campaign’s concept.

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Kriti Sanon’s latest festive appearance has triggered a debate on social media after the actor featured in a Raksha Bandhan advertisement wearing a contemporary outfit.

In the advertisement, Kriti Sanon is seen in an off-white bralette-style blouse paired with a cape and a draped skirt. While the actor has previously experimented with contemporary interpretations of traditional fashion, some social media users criticised her look in the festive campaign.

The criticism was directed particularly at the choice of outfit for a Raksha Bandhan-themed advertisement, with several users questioning whether the look was appropriate for the occasion.

Advertisement’s pet dog sequence also draws reactions

The concept of the advertisement also became a point of discussion online. In the campaign, Kriti is seen tying a traditional rakhi on a dog after the pet barks at her.

The advertisement presents the ritual as a way of including the pet in the family’s Raksha Bandhan celebrations. However, several social media users questioned the decision to include the dog in the festive ritual.

Some commenters accused the brand of making a mockery of Indian festivals, while others said they disagreed with the overall concept of the advertisement.

Social media users criticise Kriti Sanon’s festive look

Kriti Sanon’s outfit became one of the main talking points among those criticising the advertisement. Some users described the outfit as inappropriate for a Raksha Bandhan campaign.

One social media user wrote that Kriti was tying rakhi in a “bra kinda attire” and questioned the use of such an outfit during the festival.

Another commenter compared the treatment of Raksha Bandhan with other festivals and criticised the advertisement’s presentation of the celebration.

Other reactions focused on traditional elements associated with Raksha Bandhan. One user questioned the absence of a puja thali and tilak while also criticising Kriti’s outfit.

A separate comment objected to the inclusion of the dog, arguing that the campaign was not representative of the traditional spirit of Raksha Bandhan.

These comments reflect the views of individual social media users and do not establish a broader consensus about the advertisement.

Kriti Sanon yet to respond to criticism

The Raksha Bandhan advertisement continues to receive mixed reactions on social media. While some users have criticised the actor’s outfit and the campaign’s concept, Kriti Sanon is yet to respond to the criticism.

The debate comes as brands increasingly use contemporary interpretations of traditional festivals in advertising, with the campaign’s presentation becoming a subject of discussion among social media users.

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India News

Rahul Gandhi’s T-shirt style gets a colourful twist for Gen Z outreach

Rahul Gandhi has adopted colourful shirts during his nationwide “Chhatron Ki Goonj” programme as the Congress steps up its outreach to Gen Z.

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Congress leader Rahul Gandhi has added a new twist to his public image as he steps up outreach to Gen Z through the nationwide “Chhatron Ki Goonj” programme.

The Leader of the Opposition in the Lok Sabha, who became known for wearing T-shirts during the 2022 Bharat Jodo Yatra, has recently been seen in brightly coloured shirts at several student-focused events.

The change marks a departure from the white T-shirts that became closely associated with his appearance during the Bharat Jodo Yatra, when he walked from Kanyakumari to Kashmir.

From white T-shirts to colourful shirts

Rahul Gandhi wore white T-shirts during the Bharat Jodo Yatra, including during its winter leg. He subsequently continued to appear in T-shirts at party programmes and political events.

The style also became a subject of political criticism, with the BJP repeatedly targeting Gandhi over his choice of attire and describing him as “non-serious”.

Gandhi, however, continued with the T-shirt look and it was also adopted by some Congress leaders who had traditionally appeared in kurta-pyjamas.

His latest appearances have brought a more colourful wardrobe into focus.

Rahul Gandhi’s colourful appearances

Gandhi wore a blue shirt at the first “Chhatron Ki Goonj” event in Kota, where he addressed the issue of paper leaks.

In Dehradun, he was seen wearing a shirt instead of his usual T-shirt. At an event in Allahabad, he wore a pink shirt while interacting with students, drawing discussion on social media.

He later appeared in a yellow shirt at an event in Pune.

The Pune programme focused specifically on female students and working women, with Gandhi addressing issues related to women’s safety, freedom and rights.

Congress steps up Gen Z outreach

The “Chhatron Ki Goonj” programme is part of Rahul Gandhi’s outreach to young people, with paper leaks and issues affecting students among the subjects being highlighted.

The Congress is also seeking to engage young women through programmes and interactions focused on issues concerning them.

Youth and women remain important voter groups in elections, and the Congress is increasingly focusing its outreach on Gen Z as it seeks to strengthen its connection with younger voters.

Gandhi’s colourful shirts have consequently become an additional talking point during his latest student and youth engagements.

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India News

MK Stalin announces major DMK organisational Changes in Tamil Nadu

MK Stalin has announced a major DMK organisational overhaul, introducing age and term limits and expanding party districts from 77 to 110.

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DMK chief MK Stalin has announced a major overhaul of the party’s organisational structure, months after the party lost the Tamil Nadu assembly election.

Acknowledging the defeat, Stalin said the party must openly recognise its mistakes. He also pointed to the functioning of party office-bearers as one of the factors behind the electoral loss.

“Although there are several reasons for our defeat, the functioning of our party office-bearers is also one of them,” Stalin said, stressing that the party must acknowledge its shortcomings and ensure better performance at every level.

Stalin also described the DMK as a “specialist” in making comebacks and said the party would return stronger.

Age and term limits for party posts

Among the major changes announced by Stalin are age and tenure limits for party positions.

Stalin said the changes would involve a significant restructuring of the DMK’s administrative system, with priority being given to new faces. He said the measures were intended to make the party sustainable for the next 100 years and help restore the trust of young people and women.

Under the new rules, branch secretaries must be aged 45 or below and can hold the position for a maximum of two terms.

District secretaries, meanwhile, must be below 70 years of age and can serve for a maximum of three terms.

DMK to increase party districts from 77 to 110

The DMK executive committee has approved increasing the number of party districts from 77 to 110.

The expansion will be implemented as part of the party’s 16th organisational elections. Revenue districts will generally be reorganised so that each party district covers two assembly constituencies.

Where only one constituency remains after the reorganisation, it will be attached to another suitable party district within the same revenue district as a third constituency.

Stalin has been authorised to determine and announce the constituencies that will form the 110 party districts.

New branch structure planned in urban areas

The DMK will also introduce a new branch-level structure in urban areas, along with the post of branch secretary.

The new system will initially be implemented in Chennai, Coimbatore, Madurai, Tiruchirappalli and Salem. It may subsequently be extended to other corporations.

Once the new party districts are announced, district executive committees will have to meet and establish the union, city, area, town, ward and branch-level units within 15 days.

The organisational changes come as the DMK seeks to restructure its party machinery and prepare for its political comeback following its assembly election defeat.

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