High Court orders floor test in Uttarakhand Assembly on March 31

March 29, 2016

Nainital, Mar 29: The Uttarakhand High Court today ordered a floor test in the Assembly on March 31, giving a new turn to the political events in the state where President's Rule was imposed on Sunday.

AssemblyAll MLAs, including the nine ruling Congress rebels, can participate in the trial of strength but the votes of the disqualified legislators will be kept separate.

They will be taken into account subject to final outcome of the writ filed petition by Chief Minister Harish Rawat challenging the imposition of President's Rule, senior Supreme Court lawyer and Congress leader Abhishek Manu Singhvi told reporters after the second day of the hearing here.

The High Court ordered the DGP to ensure security in the Assembly when the floor test is carried out.

Rawat, whose government was sacked on Sunday on the grounds of "breakdown of Constitutional machinery", had moved the court yesterday, calling the Centre's decision as "arbitrary" and demanded its quashing.

Singhvi said the court accepted Congress position that despite the President's Rule, there is enough scope for judicial review to allow a floor test, which was sought by it.

He said Governor K K Paul too had directed holding of the floor test on March 28 and Rawat had also made the same demand twice.

"Now only the date has changed from March 28 to March 31," Singhvi said. He said mere allegations of horse-trading cannot justify the imposition of President's Rule and stop a floor test.

The Centre had imposed the President's Rule just a day ahead of the date (March 28) fixed for the floor test.

On the question of disqualification of 9 rebel Congress MLAs, Singhvi said the court did not set it aside and a final decision on it will come later. He said both the sides would consider their future legal recourse.

Singhvi said for purpose of counting, the votes of the disqualified MLAs will be kept separate and will be subjected to final outcome of the case. "The votes will not be taken as valid votes till then," the Congress lawyer said.

The political crisis in the state arose after nine Congress MLAs voted with the BJP against the Appropriation Bill on March 18 which the Speaker declared as passed, ignoring demands for Division.

Following this, Speaker Govind Singh Kunjwal issued notices to the nine rebel Congress MLAs under the anti-defection law as to why they should not be disqualified.

Even as there were reports that the rebels were disqualified, on Saturday night the Union Cabinet met and considered the Governor's report which had spoken about a breakdown in governance and expressed apprehensions of a possible pandemonium in the House during the floor test on March 28.

The Union Cabinet recommended to President Pranab Mukherjee bringing the state under President's Rule by invoking Article 356 of the Constitution, which he signed on Sunday.

After the state was brought under the central rule, the Speaker disqualified the nine rebel Congress MLAs.

Union Finance Minister Arun Jaitley, who had met the President on Sunday night and briefed him on the Cabinet decision, later justified the imposition of President's Rule, saying the Congress "plunged the State into a serious constitutional crisis by continuing a Government which should have quit after the failure of the Appropriation Bill".

To further complicate the crisis, "the Chief Minister started allurement, horse-trading and disqualification with a view to altering the composition of the House", he had said.

"After the Assembly has been put under suspended animation and the decision has been made public, the Speaker has decided to disqualify some Members. The constitutional breakdown has been compounded further by this action," he had said.

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News Network
June 17,2020

New Delhi, 17: Tensions on the Indo-China border have spiked to the highest since 1962 after over 20 troops, including an Indian commanding officer, were killed in the face-off in Galwan valley that has seen a six-week long standoff underway with the Peoples Liberation Army.

The Army said that the soldiers – including the Commanding Officer of 16 Bihar regiment in charge of the area – died while a `de-escalation process’ was underway. Sources said that this death toll could rise up as some soldiers are currently not accounted for after PLA troops attacked with spiked sticks and stones in the Galwan valley.

Chinese side also has casualties but the number is still not known. The Indian death toll is perhaps the worst single day loss in decades and has come at a time when thousands of troops are forward deployed in Eastern Ladakh.

ET was the first to report on May 12 about a massive troop build up in the Galwan valley, which is an old flashpoint that had seen action in the 1962 war as well.

There have been reports of casualties on the Chinese side in the clash but numbers are currently not available. Worryingly, information from the ground suggests that several Indian soldiers, including four officers, are missing and could have been taken captive by a vastly larger Chinese force. Their status is still not known.

“During the de-escalation process underway in the Galwan Valley, a violent face-off took place yesterday night with casualties. The loss of lives on the Indian side includes an officer and two soldiers. Senior military officials of the two sides are currently meeting at the venue to defuse the situation,” an Indian Army statement reads.

The Ministry of External Affairs said that the clash occurred when the Chinese side violated the LAC. “On the late-evening and night of 15th June, 2020 a violent face-off happened as a result of an attempt by the Chinese side to unilaterally change the status quo there. Both sides suffered casualties that could have been avoided had the agreement at the higher level been scrupulously followed by the Chinese side,” a statement reads.

The loss of the Commanding Officer is especially devastating and he had been directly involved in de-escalation talks with the Chinese side, including one hours before the clash took place. Sources said that the talks on Monday morning had led to an agreement for Chinese forces to withdraw from Indian territory as part of the disengagement.

According to one version, the CO had gone to the standoff point with a party of 50 men to check if the Chinese had retreated as promised. As the Indian side proceeded to demolish and burn illegal Chinese structures on its side of the LAC, including an observation post constructed on the South bank of the river, a fresh stand off took place as a large force of Chinese troops returned back.

Sources said that a Chinese force in excess of 250 quickly assembled near Patrol Point 14 and were physically stopped by Indian soldiers from entering Indian territory. Soldiers from both sides did not use firearms but the Chinese soldiers carried spiked sticks to attack.

Given the terrain of the region, a part of the standoff and clash took place in the middle of the Galwan river that is currently flowing at full spate, leading to high casualties as injured soldiers got swept away. Indian soldiers have to cross the Galwan river at atleast five points to reach PP 14, which marks the LAC.

Chinese media reports on Tuesday quoted the spokesperson from its Western Theatre Command as laying claim over the Galwan valley region and blaming the Indian side for the clash. Reports quoted Col Zhang Shuili as saying that India has violated the consensus made during Army commander level talks.

As reported, Galwan river area has a painful history with China, with Peoples Liberation Army (PLA) soldiers surrounding a freshly set up Indian Army post in July 1962, in what would be one of the early triggers to the Sino-Indian war. At an Army post that was overrun at Galwan, 33 Indian soldiers were killed and several dozen taken captive in 1962.

In the past, the Doklam crisis in 2017 saw tensions building up along the Pangong Tso lake as well with soldiers engaging in a fight with sticks and stones. However, the Eastern Ladakh standoff is of a much more serious nature, with over 6000 Chinese troops lined up with tanks and artillery, faced off with a larger Indian forces. Troop build up has also been reported across the borders in Himachal Pradesh, Uttarakhand, Sikkim and Arunachal.

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News Network
May 29,2020

New Delhi, May 29: Union Home Minister Amit Shah on Friday met Prime Minister Narendra Modi and informed him about the views of all chief ministers on the extension of the ongoing nationwide lockdown beyond May 31, officials said.

During the meeting, Shah briefed Modi about the suggestions and the feedback he received from the chief ministers during his telephonic conversations on Thursday, a government official said.

The nationwide curbs were first announced by Prime Minister Narendra Modi on March 24 for 21 days in a bid to contain the spread of novel coronavirus. It was first extended till May 3 and then again till May 17. The lockdown was further extended till May 31.

The home minister's telephonic conversations with the chief ministers came just three days before the end of the fourth phase of the lockdown.

During his talks with the chief ministers, Shah sought to know the areas of concern of the states and the sectors they want to open up further from June 1, the official said.

Interestingly, till now, it was Modi who had interacted with all chief ministers through video conference before the extension of each phase of the coronavirus-induced lockdown and sought their views.

This was for the first time that the home minister spoke to the chief ministers individually before the end of another phase of the lockdown.

Shah was present in all the conferences of chief ministers along with the prime minister. It is understood that the majority of the chief ministers wanted the lockdown to continue in some form but also favoured opening up of the economic activities and gradual return of the normal life, another official said.

The central government is expected to announce its decision on the lockdown within the next two days.

The number of COVID-19 cases in India has climbed to 1,65,799 on Friday, making it the world's ninth worst-hit country by the coronavirus pandemic.

The Health Ministry said the death toll due to COVID-19 rose to 4,706 in the country. While extending the fourth phase of the lockdown till May 31, the central government had announced the continuation of the prohibition on the opening of schools, colleges and malls but allowed the opening of shops and markets.

It said hotels, restaurants, cinema halls, malls, swimming pools, gyms will remain shut even as all social, political, religious functions, and places of worship will remain closed till May 31.

The government, however, allowed limited operations of the train and domestic flights. The Indian Railways is also running special trains since May 1 for transportation of migrant workers from different parts of the country to their native states.

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News Network
May 12,2020

Ahmedabad, May 12: The Gujarat High Court on Tuesday declared state BJP minister Bhupendrasinh Chudasama's election in 2017 as void on grounds of malpractice and manipulation.

Justice Paresh Upadhyay cancelled Bhupendrasinh Chudasama's election in an order passed on a petition filed by Congress candidate Ashwin Rathod, challenging the BJP leader's victory from Dholka constituency by a margin of 327 votes in the 2017 Gujarat Assembly polls.

In his election petition, Ashwin Rathod alleged that Bhupendrasinh Chudasama indulged in "corrupt practice and breach of many of the mandatory instructions of the Election Commission, at various stages of the election process, more particularly at the time of counting of votes".

Bhupendrasinh Chudasama currently holds charge of the education, law and justice, legislative and parliamentary affairs, and some other departments in the Vijay Rupani government.

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