English हिन्दी
Connect with us

India News

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

Published

on

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.

India News

LPG Aadhaar authentication mandatory for subsidy from October 1

Biometric Aadhaar authentication will be required for subsidised domestic LPG refills from October 1. Here is what changes for consumers who have and have not completed the process.

Published

on

LPG cylinder

Biometric Aadhaar authentication will become a requirement for domestic LPG consumers seeking to book refills at the regulated retail selling price with applicable subsidy from October 1, 2026.

The government has said the measure is aimed at ensuring that subsidised LPG reaches eligible households and at preventing the diversion of subsidised domestic cylinders for commercial and industrial use.

What changes from October 1

Consumers who have already completed biometric Aadhaar authentication will not have to repeat the process. Their LPG refills will continue as before.

For consumers who have not completed the authentication, refill booking at the regulated price with subsidy will be enabled after the authentication is completed.

As of September 19, 2026, 27.43 crore active domestic LPG consumers, or 89.9 per cent of the total, had completed biometric Aadhaar authentication, according to the Petroleum and Natural Gas Ministry.

How to complete Aadhaar authentication

Consumers who have not yet completed the process can do so through several channels.

Authentication can be completed during LPG delivery, at the distributor’s showroom or through the mobile applications of the three state-owned oil marketing companies.

Indane customers can use IndianOil ONE, Bharatgas customers can use HelloBPCL, while HP Gas customers can use HP PAY.

What if consumers do not complete authentication

The government has clarified that consumers who are unwilling or unable to complete biometric Aadhaar authentication can still receive LPG.

However, they will have to register their choice through the available digital channels of their oil marketing company, such as its consumer portal, mobile app, WhatsApp chatbot or IVRS.

Such consumers will be supplied LPG at the applicable market price without subsidy, in 5-kg or 10-kg cylinders, subject to local availability.

Why the government is introducing the requirement

According to the Petroleum and Natural Gas Ministry, linking each LPG connection to an Aadhaar-authenticated consumer is intended to prevent diversion of subsidised domestic cylinders and remove duplicate or ineligible connections.

The government has also said the measure is intended to make subsidy delivery more targeted and transparent.

Authentication deadline and progress

Consumers were initially asked to complete biometric Aadhaar authentication by June 30, 2026. The deadline was subsequently extended several times, with September 14 being the final extended deadline mentioned by the ministry.

The nationwide authentication drive has been underway since October 2023. The government said more than 12 crore SMS and WhatsApp messages had been sent as part of the outreach campaign.

The government has urged consumers who have not yet completed the process to do so before October 1.

LPG Aadhaar authentication becomes mandatory for subsidised domestic LPG refills from October 1. Consumers who have already completed biometric authentication need not do it again. Those who haven’t can still get LPG, but at the applicable market price without subsidy.

Continue Reading

India News

BJP hits back at opposition over EC row, says disagreement is democracy

The BJP has defended reported differences among Election Commissioners, saying internal deliberations are part of a healthy democratic process.

Published

on

The BJP has defended the Election Commission amid a political row over reported differences among Election Commissioners concerning decisions linked to the Special Intensive Revision (SIR) of electoral rolls.

BJP MP Sambit Patra said discussions and exchanges of views within the poll panel should be seen as part of the democratic process rather than as evidence of institutional dysfunction.

According to the BJP’s position, disagreement during official deliberations reflects the fact that members of an institution are able to put forward their views before decisions are taken.

BJP defends EC deliberations

Patra said that if the three Election Commissioners discuss and debate issues among themselves, such exchanges should not be characterised as dictatorship. He described such deliberations as a sign of a healthy democracy.

The BJP’s response came amid reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on multiple occasions over decisions and orders associated with the SIR exercise and electoral rolls.

The Election Commission has said that differences in views and observations are a normal part of deliberations within an institution. It has maintained that decisions, including those related to SIR, were taken unanimously.

Row centres on SIR process

The controversy comes against the backdrop of the ongoing political debate over the Special Intensive Revision of electoral rolls.

Opposition parties have raised concerns over the reported differences within the poll panel, while the BJP has sought to counter those arguments by pointing to the role of discussion and deliberation in institutional decision-making.

Patra also said the BJP’s understanding of the matter was based on media reports rather than access to the Election Commission’s internal documents. He said the documents, as reported, indicated that the SIR process was finalised after democratic deliberations and consensus.

What the Election Commission has said

The Election Commission has rejected the suggestion that the reported objections indicate a breakdown in its functioning.

It has maintained that differing opinions during deliberations are part of normal institutional functioning and that the decisions eventually taken by the commission were unanimous.

Continue Reading

India News

IIT Bombay Professor Suryanarayana Doolla sent on leave amid student suicide row

IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing student protests following Sahil Wakode’s death.

Published

on

IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing controversy following the death of 20-year-old student Sahil Wakode, with protests on the campus seeking action against the professor.

Doolla, a faculty member in IIT Bombay’s Department of Energy Science and Engineering, had been involved in the examination incident concerning Wakode. The student was allegedly found using a mobile phone during a mid-semester examination and had uploaded the question paper to an AI platform to seek answers, according to the institute.

Why Suryanarayana Doolla is at the centre of the controversy

Doolla was the course instructor and examination invigilator during the examination and was involved in reporting the alleged examination malpractice to the institute’s authorities.

IIT Bombay has said Wakode was subsequently counselled by the instructor and the Head of Department and was assured that the examination incident would not adversely affect his academic career. The institute has also maintained that no disciplinary action had been initiated against the student before his death.

Wakode’s family, however, alleged harassment and caste-based discrimination. Mumbai Police registered a case based on the family’s complaint, with Doolla among those named. The allegations remain subject to investigation.

Student protests at IIT Bombay

Following Wakode’s death, students began protesting on the IIT Bombay campus and demanded action against Doolla.

IIT Bombay Director Professor Shireesh Kedare met the protesting students on September 20 and signed an 18-point charter of demands. The demands included action against Doolla.

Doolla was subsequently removed from the post of Dean Students Welfare amid the protests. The latest action comes as the controversy surrounding Wakode’s death and the allegations against the professor continue to be investigated.

Faculty members back Doolla

While students have demanded action against Doolla, IIT Bombay’s Faculty Forum has backed the professor, saying he was performing his duties as an invigilator and had followed the institute’s prescribed procedure after detecting the alleged examination malpractice.

The controversy involves the examination incident, allegations made by Wakode’s family and the police investigation into his death. The allegations against Doolla have not been established as facts and remain part of the ongoing investigation.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com