SC refuses to cancel WB panchayat polls

Agencies
August 24, 2018

New Delhi, Aug 24: In a relief for Mamata Banerjee, the Supreme Court today turned down the pleas of CPI(M) and BJP seeking cancellation of elections on over 20,000 uncontested local body seats in West Bengal.

All these uncontested seats were won unopposed by candidates of the ruling Trinamool Congress and opposition parties had alleged that their candidates were obstructed from filing nomination papers.

The apex court, however, took note of the allegations and said the aggrieved candidate may file election petitions to challenge panchayat polls in courts concerned.

A bench comprising Chief Justice DIpak Misra and Justices A M Khanwilkar and D Y Chandrachud exercised its extraordinary power under Article 142 of the Constitution and held that the limitation period of 30 days for filing the election petitions, which has expired, would now commence from the date of notification of panchayat poll results.

Earlier, the apex court had termed the situation as "grim and grave" and had directed the West Bengal State Election Commission not to declare and notify the results of panchayat body elections in the wake of allegations of large scale violence and alleged obstruction of filing nomination papers.

The court, meanwhile, set aside the Calcutta High Court decision directing the state poll panel to allow filing of nomination papers in panchayat elections through electronic forms such as e-mails and WhatsApp.

"The high court was in error while allowing the filing of nomination papers through electronic forms," it said, adding, "no such process is either mentioned nor allowed under the provisions of the Representation of Peoples Act".

Out of a total 58,692 posts for gram panchayat village, zilla parishad and panchayat samiti, 20,159 had remained uncontested in the violence-marred local polls in the state held in May this year.

The court was hearing the pleas by parties like the BJP and CPI (M) alleging that candidates from ruling All India Trinmool Congress in West Bengal were only allowed to file nomination papers and as a result, they won without any contest.

Earlier, the West Bengal government had told court that the row over the recently concluded panchayat polls in the state has led to a "constitutional crisis" since the tenure of several Panchayats were over and new bodies have not been made functional.

The apex court had earlier stayed the High Court order asking the state election body to accept the nomination papers filed through e-mail for panchayat elections and directed the poll panel not to declare in the gazette the names of those candidates who had won unopposed.

The top court had on August 13 asked the state election panel as to whether it conducted any probe into the fact that a large number of seats in the local body elections in the state went uncontested.

The apex court had said that the issue of huge number of uncontested seats has been bothering it.

The poll panel, however, argued that 33 per cent of nearly 50,000 panchayat seats going uncontested in the state was not "an alarming situation".

Elections were held in phases for 48,650 posts in Gram Panchayats, 825 posts in Zilla Parishads and 9,217 posts in Panchayat Samitis and it has been alleged that around 34 per cent seats were uncontested.

The apex court had earlier refused to stay the poll process observing that there were a plethora of judgments which have held that once the poll process has begun, it cannot be interfered into by any court.

The CPI(M) had claimed that many of its candidates were prevented from filing nominations by the state's ruling Trinamool Congress.

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News Network
March 16,2020

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.

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News Network
April 22,2020

Mumbai, Apr 22: Maharashtra Home Minister Anil Deshmukh on Wednesday said none of the 101 people arrested in connection with the Palghar lynching case is a Muslim, and accused the opposition of giving a communal colour to the incident.

Terming the incident as unfortunate and a blot on humanity, Deshmukh in a Facebook address said this is not the time to play politics, and urged all to engage in collective efforts to defeat the deadly coronavirus.

Without naming any leader or party, Deshmukh, who is an NCP leader, said some people were seeing Mungerilal ke haseen sapne (referring to a fictional character from a TV show who daydreams) of returning to power in the state.

He said in the run up to the incident, a rumour did rounds in Palghar that some people were lifting children during night.

The entire episode is being investigated by a special inspector general and the probe has been handed over to the Crime Investigation Department (CID), he said.

"The police arrested 101 people in connection with the incident within eight hours after it took place. They had run into neighbouring jungles, but were caught by police. There is no Muslim brother among these 101 people, Deshmukh said.

The minister said someone was heard as saying oye bas (please stop) in the video clip of the incident, but it was allegedly distorted as Shoaib.

An attempt was made to give a political colour to the incident. And this is very unfortunate...communal politics is being played, Deshmukh alleged.

He said such politics is being played at a time when the entire state is engaged in a battle against coronavirus.

"It is not the time to play politics, but to fight coronavirus collectively. It is unfortunate some people are seeing 'Mungerilal ke haseen sapne' at this juncture, the minister said.

The incident took place on the night of April 16 when three men - two seers and their driver - were going from Mumbai in a car towards Surat in Gujarat to attend a funeral.

Their vehicle was stopped near a village in Palghar district where the three were dragged out of the car and beaten to death with sticks by a mob on suspicion that they were child-lifters.

The deceased were identified as Chikne Maharaj Kalpavrukshagiri (70), Sushilgiri Maharaj (35), and driver Nilesh Telgade (30).

The Maharashtra government earlier ordered a high- level probe into the incident, and two policemen from Palghar were suspended on Monday for alleged dereliction of duty.

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News Network
April 9,2020

New Delhi, Apr 9: Kerala opposition coalition United Democratic Front on Thursday submitted a roadmap to Prime Minister Narendra Modi for staggered lifting of ongoing lockdown due to COVID-19 pandemic.

The coalition led by leader of opposition Ramesh Chennithala has given a set of recommendations to Modi in this regard, which include those made by an expert committee headed by deputy leader of opposition M K Muneer.

The committee was set up to suggest measures to be taken by the government for smooth transition from lockdown to normalcy.

It listed an eight-point exit strategy for removing lockdown in a staggered approach at a district level, with emphasis on hotspots to avoid further spread of virus and ensure smooth restart of economy.

This approach is tuned to the unique needs of each district and all the districts should also be categorised as per their risk levels, the report said.

The report has also been submitted to chief ministers of all states, former prime minister Manmohan Singh, Congress president Sonia Gandhi, senior Congress leader Rahul Gandhi among others.

The committee recommended that COVID-19 rapid testing must be enhanced across the country and the testing target be widened to 500 tests per one lakh population.

"A step-by-step approach is necessary for each sector along with conditions that need to be considered for each sector," the report said.

"There is a need for a comprehensive economic stimulus package in addition to the ones already announced after considering all the industries," it added.

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