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Sachin Pilot case: Breather for warring factions: Verdict on Friday

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Sachin Pilot

On day 3, Pilot’s counsel says Article 226 gives high courts authority over a Speaker’s actions; ‘What has been done (by the Speaker) was in total violation of the principle of natural justice,” says Mukul Rohatgi; HC asks Speaker to take no action on Pilot and dissidents till Friday’s verdict.

Rajasthan’s 19 dissident MLAs, headed by Sachin Pilot have received a ‘breather’ from the Rajasthan High Court. To be frank, so have CP Joshi, the speaker of the Rajasthan Assembly, as well as Chief Minster Ashok Gehlot. They will have to wait till Friday, when the court will deliver its verdict. The speaker has been directed by the court to not take any action against the dissidents till the verdict is announced.

Three days of the hearings concluded this afternoon.

The third day’s hearing, today, was virtually taken over by Senior Advocate Mukul Rohatgi, who argued that Article 226 gives high courts jurisdiction over Speaker’s actions. Also in the highlight was senior advocate Devdutt Kamat’s argument that voluntary giving up of membership does remain an issue for Sachin Pilot and his men.

On the third day of hearing of the submissions in the petition filed by dissident Congress MLAs, led by Sachin Pilot, Rohatgi today (July 21) argued for the petitioners and cited powers that high courts have under Article 226 of the constitution. As per that article, high courts can exercise jurisdiction over an Assembly Speaker’s actions.

Yesterday the Speaker’s counsel, Abhisekh Manu Singhvi, had stressed that the Speaker was beyond the purview of the High Court of Rajasthan.

As hearings began on the third day Rohatgi defined the powers of the high court as per Article 226 of the Constitution.  He said that under 226, the powers of the high court cannot be curtailed by the constitution or anything else. He said it was part of the basic structure. He said that this was wider than even article 32. Therefore, he said, that the Speaker’s argument that the court cannot act on his decisions is wrong.

What does Article 226 say?

“Article 226 of the Constitution empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.”

Judgment with facts

Rohatgi clarified that the Kihoto judgment, as referred to in court yesterday, be read according to the facts. “No judgment can be read in vacuum or without the facts,” he said. Reading the judgment, he said that the entire emphasis was on defection from one party to other party. “When you quote Aaya Ram Gaya Ram, you cross the floor.”

Rohatgi also cited the 2008 Deepak Bajaj judgment by Justice Katju.

“I am attacking the motive on several grounds,” he said. “Please note: Notice issued the day complaint is made, maybe even in a few hours same day. The legislative rules of Assembly derive their validity from the Constitution, they are not subordinate. They state that on receiving a complaint he (the Speaker) examines it and is prima facie satisfied. All this was thrown out of the ring. There is nothing on record to show that this was done.”

He added that a normal law under 226, a challenge to a show cause notice, will be entertained on well known factors, such as excess of jurisdiction, colourable exercise of power, etc. “I am saying what has been done was in total violation of the principle of natural justice.  Schedule 10 doesn’t allow a show cause on these facts.”

Citing the case of MLA Dilawar, Rohatgi said: “If there was a lockdown till July, what about Dilawar’s case? Was this more important than him? The proceedings reek of malafide. And this is done during a pandemic! We are amidst COVID. My question is, what was the tearing hurry?”

He added: “The rules say that within 7 days, or such extended period as there may be. The Speaker can, therefore, extend the time period.According to rules, the procedure is like in a court. there are arguments, cross examinations, evidence, etc. The court must ask the Speaker to file a better affidavit answering all the questions raised.”

He also said: “Historically. or ironically, the power should be vested in a neutral tribunal.” He cited the Manipur case that dealt with the fact that Speaker came from a political party.

Stress on membership

Senior Advocate Devadatt Kamat, arguing for Congress and the Speaker, went through the Rajasthan Legislative Assembly Rules of Procedure and said that those rules do not say that reasons need to be recorded in the notice, at this stage. He said: “A lot of things were said, but I’ll not respond to those. I’ll keep within my ‘maryada’.

Continuing from yesterday, Kamat said that there was no rebuttal from either counsels Salve or Rohatgi on the point that the action of Sachin Pilot-led MLAs amount to voluntary giving up of party membership. He said Parliamentary Committee reports with respect to the Tenth Schedule observed that those who wreck inner party discipline must pay the price with disqualification.

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BJP and Shiv Sena reach broad seat-sharing deal ahead of BMC elections

BJP and Shiv Sena are close to finalising seat-sharing for 200 wards ahead of the BMC elections, while opposition parties intensify alliance talks across Maharashtra.

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BJP Shivsena

The BJP and Shiv Sena have almost sealed their seat-sharing arrangement for the upcoming Brihanmumbai Municipal Corporation (BMC) elections, with an understanding reached on 200 of the total 227 wards in Mumbai, according to sources. The civic body polls are scheduled to be held on January 15.

The agreement was discussed during a late-night meeting of the Mahayuti alliance, which includes the BJP, Shiv Sena and the Ajit Pawar-led NCP. The meeting took place at Maharashtra Chief Minister Eknath Shinde’s residence in Thane and focused on strategy for several key municipal corporations, including Thane, Kalyan-Dombivli and Navi Mumbai.

Sources said similar meetings are lined up for Mumbai and other civic bodies such as Chhatrapati Sambhaji Nagar, Panvel and Mira-Bhayandar, as alliance partners work to finalise ward-level arrangements and campaign planning.

Congress explores new alliances in Mumbai

In Mumbai, Congress leaders are scheduled to meet Prakash Ambedkar’s Vanchit Bahujan Aghadi as the party looks to rebuild its alliance structure after parting ways with the Shiv Sena (Uddhav Balasaheb Thackeray faction). The distancing followed Sena (UBT)’s decision to join hands with the Maharashtra Navnirman Sena led by Raj Thackeray.

Sena (UBT) MP Sanjay Raut has confirmed that the party will contest the BMC elections in alliance with the MNS and the NCP led by Sharad Pawar. The inclusion of the NCP (Sharad Pawar faction) comes after Sharad Pawar rejected a proposal from the Ajit Pawar-led faction that offered limited seat allocation.

Despite the split, sources indicated that discussions may continue, with meetings expected between Sharad Pawar’s daughter Supriya Sule and her cousin Ajit Pawar to determine future political moves.

Local body strategies take shape across Maharashtra

Meanwhile, MNS chief Raj Thackeray is set to hold a meeting with party leaders at his Shivtirth residence to finalise the party’s election strategy, including campaign issues and candidate selection.

In Chhatrapati Sambhaji Nagar, Shiv Sena MLA and minister Sanjay Shirsat will meet BJP leaders, including state ministers Chandrakant Bawankule and Atul Save, to discuss preparations for the civic polls.

Seat-sharing talks are also underway in Mira-Bhayandar, where Shiv Sena leader Pratap Sarnaik and BJP MLA Narendra Mehta are expected to hold discussions. The Ajit Pawar-led NCP, however, is planning to contest the elections independently in the region.

Panvel is set to witness a major opposition meeting involving Sena (UBT), Congress, MNS, NCP (SP), Samajwadi Party and the VBA. The gathering, led by the Peasants and Workers Party, will focus on finalising seat-sharing arrangements and joint election strategies.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police arrested over 280 accused and detained more than 1,300 individuals under Operation Aaghat 3.0 ahead of New Year, seizing weapons, drugs, liquor and stolen items.

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Op Aaghat 3.0: Delhi police arrest over 280 accused ahead of New Year celebrations

Delhi police carried out a large-scale preventive crackdown across sensitive pockets of the national capital ahead of New Year, arresting hundreds of accused and detaining over a thousand individuals to ensure peaceful celebrations.

The overnight operation, conducted under Operation Aaghat 3.0, focused on crime-prone areas and resulted in major seizures, including illegal weapons, narcotics, illicit liquor, cash and stolen property, according to police officials.

Major arrests and seizures during the drive

As part of the intensified security drive, at least 285 accused were arrested under various legal provisions, including the Arms Act, Excise Act, NDPS Act and Gambling Act. In addition, 504 people were detained as a precautionary measure to prevent any untoward incidents during the festive period.

Police officials said the operation led to the recovery of 21 illegal weapons, including country-made pistols, along with 20 live cartridges and 27 knives. Authorities also seized over 12,000 quarters of illicit liquor, around Rs 2.5 lakh in cash, and nearly 7 kg of cannabis from different locations.

Focus on habitual offenders and vehicle theft

The crackdown also targeted repeat offenders. Under the operation, 116 habitual offenders, referred to by police as “bad characters,” were taken into custody, while 10 property offenders were arrested.

To curb vehicle-related crimes during New Year celebrations, police dismantled auto-lifting networks and arrested five auto-lifters. During the raids, 231 two-wheelers and one four-wheeler were seized.

Action against gambling and stolen goods

In a parallel action against gambling activities, police recovered Rs 2.3 lakh in cash. The operation also led to the recovery of about 210 stolen or lost mobile phones, offering relief to several complainants.

Apart from arrests and detentions, a total of 1,306 individuals were rounded up under preventive measures, officials added, stating that the coordinated effort was aimed at maintaining law and order and ensuring a crime-free New Year in the capital.

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Over 2,000 Maoists surrender under Chhattisgarh rehabilitation policy, says CM Vishnu Deo Sai

Chhattisgarh Chief Minister Vishnu Deo Sai said more than 2,000 Maoists have surrendered under the state’s rehabilitation policy, which offers skill training, financial assistance and land support.

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CM surrender Maoist

Chhattisgarh Chief Minister Vishnu Deo Sai on Friday said that more than 2,000 Maoists have surrendered so far under the state’s rehabilitation policy, asserting that the government is committed to treating surrendered cadres fairly and supporting their reintegration into society.

Addressing the issue, the Chief Minister said the state government has repeatedly appealed to Maoists to abandon violence and gunfire and return to the mainstream of development. He said the impact of these efforts is now visible, with a large number of cadres laying down arms.

According to Vishnu Deo Sai, the rehabilitation framework focuses on long-term welfare. Surrendered Maoists are being provided skill training along with monthly financial assistance of Rs 10,000. He added that the new policy also includes provisions for allotment of land for farming and land to build houses in urban areas, aimed at securing their future and livelihood.

Fresh surrenders reported from Bijapur

Earlier, 34 Naxals surrendered in Chhattisgarh’s Bijapur district under the state government’s rehabilitation initiative titled Poona Margham: Punarvas Se Punarjeevan (Return to the Mainstream: Social Reintegration through Rehabilitation). Police officials said the surrendered cadres were carrying a cumulative reward of Rs 84 lakh.

Officials noted that the latest surrenders reflect the growing impact of sustained anti-Naxal measures combined with confidence-building initiatives focused on welfare and reintegration.

Centre’s target to eliminate Naxalism by March 2026

The Chief Minister’s remarks come amid the Central Government’s stated goal to eradicate Naxalism from the country by March 2026 under the leadership of Prime Minister Narendra Modi. Authorities believe that rehabilitation-driven policies, along with security operations, are playing a key role in weakening the influence of Left-wing extremism in affected regions.

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