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Centre moves Supreme Court for transfer of land near Ayodhya disputed site for access to it

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[vc_row][vc_column][vc_column_text]In a move that would help BJP enthuse its core Hindutva voters for the upcoming 2019 Lok Sabha elections, the Narendra Modi government today (Tuesday, Jan 29) moved the Supreme Court to allow it to return 67-acre acquired land around the disputed Ram Janmabhoomi-Babri Masjid site to the original owners, Ram Janmabhoomi Nyas.

The Centre said it had acquired 67 acres of land around the 2.77 acre disputed Ram Janmabhoomi-Babri Masjid site.

Ram Janmabhoomi Nyas is a trust founded by the Vishwa Hindu Parishad (VHP) to promote and oversee the construction of the Ram temple.

The Centre said that the excess land will be used to provide ingress and exit paths to the disputed site. It said that it doesn’t want that whosoever wins the title suit is impeded of entry and exit (to the disputed site) because of lack of release of the said land.

The move comes while BJP’s Sangh parivar affiliates mount pressure Supreme Court and the government to decide in favour of building Ram temple at Ayodhya. In what would perhaps be a brazen case of contempt of court, RSS leader Indresh Kumar went to the extent of accusing ‘two-three judges’ of stalling a decision on Ayodhya case and calling for a ‘halla bol’ at their houses.

Surprisingly, there was not a squeak from any section about this, and the Supreme Court chose to ignore it. Rather, the Union Law Minister joined the clamour in telling the Supreme Court to decide expeditiously in favour of Ram temple.

The Supreme Court is still to decide when it would start hearing the Ayodhya title dispute case – the petitions challenging the Allahabad high court verdict of 2010 that had ordered a three-way division of the disputed 2.77 acre area at Ayodhya among the parties: the Sunni Waqf Board, the Nirmohi Akhara and the Lord Ram Lalla.

The Supreme Court’s proposed sitting today to decide on it was put off earlier on Sunday due to unavailability of one of the judges on the bench designated to hear the case: Justice SA Bobde, was not available for medical reasons.

Now the Modi government has asked the Supreme Court to dilute its earlier order which had said that the Centre must maintain status quo on the 67.7 acres of land it had acquired at the site back in 1993.

The Centre wants the court to allow transfer of a major chunk of the land – except the 0.313 acres on which the Babri Masjid stood – to the Ram Janmabhoomi Nyas, one of the parties in the title suit which is leading the campaign for construction of the Ram Mandir.

The Modi government has said that the original landowners, which included 42 acre of acquired land of the Ram Janmabhoomi Nyas, were “entitled” to get their land back and the Centre is “duty bound” to return to Ram Janmabhoomi Nyas and other owners the land adjacent to the disputed site in Ayodhya.

“It is respectfully submitted that the acquisition took place in the year 1993 and 25 years have passed, the original landowners whose land, which were not in dispute but were still acquired, are entitled to get it back and the Central government is duty bound to restore/revert/hand over the same land,” reads the Centre’s application that was filed with the apex court registry, on Monday (January 28).

The prayer in the application reads: “Permit the Central government to restore/revert/hand over back superfluous/excess vacant land (other than the disputed land measuring 0.313 acres) to the owners/occupiers from whom the respective lands were acquired under the Act of 1993”. It may be recalled that the 67.7 acres of land at the Babri Masjid site and its vicinity was acquired by the Centre in 1993 through the controversial Acquisition of Certain Area at Ayodhya Act.

“The Hon’ble Court be pleased to modify the order dated 31.3.2003 passed in the captioned matter so as to enable the central government to determine the exact extent of land required from out of the superfluous/excess land to ensure that successful party in the dispute pending regarding the ‘disputed land’ can have proper access to and enjoyment of rights in the disputed land. This applicant undertakes that each and every concern expressed by this Hon’ble Court in Ismail Faruqui (supra) and other judgments referred to above will be scrupulously taken care of,” the application states further.

The application by the Centre comes at a time when the ruling BJP’s parent organization – the Rashtriya Swayamsevak Sangh (RSS) and its ideological allies like the Vishwa Hindu Parishad (VHP) and Bajrang Dal have been demanding that the Modi government by pass the legal proceedings in the pending Ayodhya title suit and bring in an ordinance to enable construction of the Ram Mandir at the disputed site.

Though Prime Minister Modi had, in a recent interview, claimed that his government would wait for a resolution of the dispute by the Supreme Court before taking any steps that allow construction of the Ram Mandir, his colleagues in the government do not seem to share the same view.

The application comes days after Union law minister Ravi Shankar Prasad nearly commanded the Supreme Court to rule favourably for construction of the Ram Mandir. Stating that the court must begin proceedings in the title suit without delay, Prasad had said: “The Ayodhya case has been pending for the last 70 years. The Allahabad High Court order was in favour of the temple (in 2010), but then it is on hold in the Supreme Court now. This matter should be cleared soon.”

The law minister’s comment came close on the heels of the hearing in the case by a Constitution Bench being delayed once again due to the “non availability” of Justice SA Bobde, one of the judges on the five-judge constitution bench headed by Chief Justice Ranjan Gogoi which was to begin proceedings in the case on January 29.

If the Supreme Court grants the Centre’s request and the Modi government hands over at least 42 acres of the 67.7 acres of acquired land to its original owners – the Ram Janmabhoomi Nyas, the preliminary groundwork for construction of the Ram Mandir may commence before the Lok Sabha polls begin in April-May.

At a time when it has failed to fulfil its promises on development front, this would be another ‘major’ instance after the Sardar Patel statue where the Modi government has been successful.[/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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