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PIL in Supreme Court seeks to hold political parties accountable for their manifestos

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Bhuvana Iyer – Mumbai Uncensored, 25th February 2022

A PIL has been filed in the Supreme Court seeking to hold political parties accountable to the essential rational promises made in their election manifestos and make them legally enforceable.

The PIL, filed by lawyer Ashwini Kumar Upadhyay through his advocate Ashwani Kumar Dubey, also sought directions to the Election Commission to regulate functioning of registered and recognized political parties and to seize the symbol and derecognize/deregister parties that fail to fulfil their essential rational promises of their election manifesto.

The PIL sought direction from the Ministry of Law & Justice to take appropriate steps to regulate the functioning of registered and recognized political parties.

According to the PIL, on 15.12.2020, Justice Reva Khetrapal retired as Delhi Lokayukta but the Government did nothing to fill the post till date and hundreds of complaints relating to corruption are pending in the office.

The PIL states Delhi is governed by Aam Aadmi Party, which was formed after historic Anna Movement, seeking Lokpal at Centre, Lokayukta in State and Citizen Charter in every department but it did not amend Lokayukta Act in spirit of Lokpal and Lokayukta Act 2013 and is still using outdated ineffective 1995 Act.

The petitioner submitted that the fulcrum of democracy is the fair electoral process. If the integrity of the process is compromised, then the notion of representation becomes vacuous. Political parties are promising irrational freebies but not fulfilling essential promises. So, the danger to democracy and the Indian republic cannot be gained, the PIL says.

Therefore, the petitioner requested the Court to analyse whether political parties are really concerned about governance or do they cynically participate in the evisceration of the democratic electoral process.

The petitioner submitted that Centre and ECI have not taken steps to regulate the functioning of political parties and to regulate the manifesto. So, the Court is the only hope of citizens.

Injury to Citizens is Large because AAP promised Janlokpal Bill-Swaraj Bill in 2013, 2015 and 2020 election manifesto but did nothing to effectuate them. This is happening in all States because neither Centre has enacted a law to regulate the functioning of political parties and their election manifesto nor ECI made guidelines under Article 324. The petitioner submits that rather than taking effective steps to secure social economic political justice, liberty of thought expression, belief faith worship, equality of status-opportunity, and to promote fraternity assuring the dignity of individual and unity-national integration; political parties fulfil only freebies.

It is highlighted that political parties must not only mention the respective Articles of the Constitution while promising to enact a new law in their election manifesto but must also mention the timeline and deadline. Similarly, political parties must not only mention the steps to control corruption, crime, casteism, communalism, linguism, radicalism and fundamentalism but also mention essential steps to secure important fundamental rights – right to health, right to education, right to shelter, right to road access, right to water, right to food, right to dignity, right to employment, right to justice, right to legal aid, right to clean environment in election manifesto. But, Centre & ECI did nothing in this regard.

The PIL said that in Bhutan and Mexico, political parties are required to submit a copy of their manifesto to Election Commission before a primary round of National Assembly elections and manifestos are published only with the approval of the Commission, after thoroughly vetting and filtering out issues with the potential to undermine security and stability of the nation. In the United Kingdom and Netherland, legal provisions are applicable and offensive campaign materials are screened and taken out. This principle must be applied to India as well.

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Kerala Legislative Assembly Unanimously Rejects Controversial Waqf Amendment Bill

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The Kerala Legislative Assembly unanimously passed a resolution on Monday, October 14, urging the central government to withdraw the contentious 2024 Waqf Amendment Bill. The resolution, presented by Minister for Waqf, Haj Pilgrimage, and Sports, V Abdurahiman, emphasized that the bill undermines the federal principles embedded in the Constitution, sparking concerns over state rights and religious governance.

Minister Abdurahiman argued that the bill infringes on the authority of state governments concerning Waqf matters, particularly by weakening the power of state Waqf boards and tribunals, which manage Waqf properties. “This bill not only violates the secular principles outlined in the Constitution but also threatens democratic values by replacing elected representatives with a board of nominated members and a nominated chairman,” he stated during the assembly session.

The minister also underscored the importance of protecting fundamental rights such as freedom of belief, secularism, federalism, and democratic processes. He pointed out that the bill contains provisions that contradict the core principles of the Constitution, calling for its immediate withdrawal.

The resolution gained support from both the ruling Left Democratic Front (LDF) and the opposition Congress-led United Democratic Front (UDF). The UDF proposed several amendments to the resolution, some of which were accepted during discussions, demonstrating bipartisan agreement on the issue.

This collective opposition highlights the assembly’s shared concerns about federal overreach and the central government’s role in managing religious properties. The Waqf Amendment Bill has sparked a broader debate about the balance of power between state and central authorities, especially in matters of religious governance and property management.

The call for the withdrawal of the bill reflects ongoing tensions surrounding federalism and the preservation of state rights, particularly in the context

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Mira Bhayandar: Bombay High Court Warns Baleshah Pir Dargah Trustees Over Illegal Mangrove Encroachment

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The Bombay High Court has issued a stern warning to the trustees of the Hazrat Sayyed Baleshah Pir Dargah in Bhayandar (West). The dargah is accused of illegally occupying government-owned mangrove land and constructing a 100-foot structure without permission.

A PIL filed by advocate Khush Khandelwal on behalf of the Hindu Task Force has brought the matter to the court’s attention. Despite clear evidence of encroachment and notices served by the authorities, the dargah representatives have failed to appear in court.

The court has now given a final opportunity to the trustees to present their case in the next hearing. If they fail to do so, the matter will be heard ex parte, meaning the court will proceed with the case without their presence. This development indicates a strong stance by the judiciary against illegal land occupation and environmental violations.

The case highlights the ongoing battle to protect government land and the environment from encroachment, particularly in coastal areas.

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Ekta SRA CHS Scandal: Siddhivinayak Developers Kurar Faces Scrutiny for Unauthorised Construction & Violations of Regulations

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Siddhant Mohite, Mumbai Uncensored:

In a startling revelation, a complaint filed against Siddhivinayak Developers Kurar has unearthed a web of alleged violations and corruption within the Ekta SRA CHS redevelopment project located at Kurar Village, Malad East. The Slum Rehabilitation Authority (SRA) conducted a thorough survey following the complaint, shedding light on serious discrepancies in the project’s execution.

Slum Rehabilitation Authority’s inspection, initiated after receiving a complaint on January 18, 2024, concluded that Siddhivinayak Developers Kurar had flouted Development Control regulations, indulged in an FSI Scandal, and executed construction work beyond approved plans and commencement certificate (C.C) in the ongoing redevelopment project. Specifically, the construction work exceeded the approved CC for A, B & C wings of the composite building.

The gravity of the situation escalated on May 3, 2024, when the Executive Engineer of SRA P/N issued a letter to Siddhivinayak Developers Kurar and Architect M/s Rasik Hingoo associates, instructing them to stop work immediately at Ekta SRA CHS. The directive also mandated the regularization of the unauthorized construction by paying necessary charges as per SRA policy. Failure to comply would result in appropriate actions as deemed fit.

What raises eyebrows is the timeframe involved in addressing the complaint. Despite the complaint being lodged in January, it took the SRA a staggering five months to conduct an inspection and issue a directive to the developer. Moreover, the directive to ‘regularize’ the unauthorized construction without specifying the penalty charges has sparked skepticism and allegations of a ‘secret understanding’ between the Executive Engineer of P/N SRA and the developer. This clearly shows that corruption is at its peak at the SRA Executive Engineer’s office, and it shows how SRA officials are hand-in-gloves with Real Estate Developers.

Sources have hinted at a nexus between the Executive Engineer and associates with the developer, suggesting an attempt to shield unauthorized construction through corrupt means.

This unauthorized development has stirred concerns among residents and activists, questioning the transparency and efficacy of regulatory bodies in overseeing redevelopment projects. Calls for a thorough inquiry and stringent action against those involved in malpractice are resonating across the community, emphasizing the need for accountability and integrity in Slum re-development initiatives.

Mumbai Uncensored will continue to monitor this story closely and provide updates as it unfolds.

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