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Bombay High Court rejects election petition by Congress candidate Naseem Khan challenging election of Shiv Sena MLA Dilip Lande

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BHUVANA IYER – Mumbai Uncensored, 15 January 2022

The Bombay High Court on Thursday dismissed the election petition filed by Congress leader Mohammed Arif Naseem Khan challenging the election of Shiv Sena Member of Legislative Assembly (MLA), Dilip Lande from the Chandivali constituency.

The HC judgment said, “mere ‘chance’ or ‘likelihood’ of voters being influenced by illegal campaigning would not constitute essential fact, to contend that illegal campaigning materially affected the election result of the returned (winning) candidate”.

Single-judge Justice Sandeep K Shinde observed the petition failed to plead ‘material facts’ resulting in an incomplete cause of action.

The factual matrix in the case was that Dilip Bhausaheb Lande was elected MLA in 2019 from Chandivali. He defeated petitioner, who was the Indian National Congress candidate, by a thin margin of 409 votes. 

Khan had then filed a petition declaring the election void on grounds of commission of corrupt practices. According to Khan, there were two corrupt practices that Lande had indulged in. 

Khan claimed that there were certain concocted and doctored videos of him which Lande deliberately circulated on Whatsapp which portrayed Khan as an anti-national person. Khan’s plea challenged the election on the ground that the only beneficiary from circulating the doctored video was Lande.

He further claimed that members of Shiv Sena, including its chief, Uddhav Thackeray, had addressed audiences within the prohibited period of 48 hours, which was in contravention to the Model of Conduct by the Election Commission. 

In response, Lande filed an application seeking dismissal of the petition on the ground that the plea does not disclose the cause of action for want of material facts. Cause of action means the material facts which are necessary for a party to prove its case, to show that there has been a legal injury. Material facts are facts that are important in a case for a judge to arrive at a conclusion.

The Court underscored that the position in law is well settled that an election petition can be summarily dismissed if the mandatory requirements of Section 83 of the Representation of the People Act to incorporate material facts are not complied with.

From the pleadings in Khan’s plea regarding circulation of the fake video, the Court noted that they were incomplete as Khan had neither pleaded nor disclosed the source of the fake video in the hands of Lande.

The Court said it failed to understand the claim in the plea that violation of the conduct by Lande could land him over 400 votes, without showing any link between the alleged violation of the model code of conduct and the victory in election.

“Mere ‘chance’ or ‘likelihood’ of voters being influenced by illegal campaigning would not constitute essential fact, to contend that illegal campaigning materially affected the election result of the returned candidate” the order stated.

Justice Shinde thus dismissed the petition as Khan’s petition failed to plead material facts resulting in an ‘incomplete cause of action’.

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25 Hindu Pakistani Refugees living in Rajkot to vote in Gujarat elections for the first time.

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Amna Lakdawala, 25th November 2022, Mumbai Uncensored:

25 Hindu refugees who had left Pakistan because of religious persecution were granted citizenship by India in August, and they can now vote, thanks to the Central Government!

A precious possession was presented upon the 37-year-old Pakistani immigrant, Sunil Dev Maheshwari, in August: Indian citizenship. He is now qualified to vote in Gujarat’s next assembly elections, which will take place next month. After receiving citizenship in Rajkot, Sunil and 24 other Hindu refugees from Pakistan will cast their first votes in an election in India.

“I have lived in this nation since my parents and I arrived in Gujarat in 2009 after fleeing religious persecution in Pakistan. The best day of our lives was August 12, when 25 Hindu Pakistani immigrants were given full Indian citizenship in Rajkot. We are pleased that we will be allowed to vote this time because we have received an Aadhaar card as well as other Indian credentials”, the man remarked.

Sunil is a marketing executive for a local private company that resides in a rental home in Rajkot’s Bhagwatipara neighbourhood. In 2014, he wed a Hindu refugee from Pakistan; they have two children. “Now that we are citizens of India, no one can refer to us as Pakistanis because we are no more foreigners. We are quite happy to be Indian”, he continued.

Approximately 500 Pakistani Hindu immigrants are reportedly residing in Rajkot and waiting to be given Indian citizenship, according to sources. 25 Pakistani migrants, the majority of whom were Hindus, received citizenship from the minister of state for the home, Harsh Sanghavi, in Rajkot in August. As per sources, many refugee families waited 16 years for citizenship and will now participate in the largest democracy in the world by casting their votes.

Before any of this, the central government changed the Citizenship Act, enabling Pakistani minorities to become citizens of India.

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पीएम नरेंद्र मोदी ने यूपी के बुंदेलखंड एक्सप्रेसवे का किया उद्घाटन

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Nazneen Yakub, Mumbai Uncensored, 16th July 2022:

उत्तर प्रदेश के 296 किलोमीटर लम्बे बुंदेलखंड एक्सप्रेसवे का प्रधानमंत्री नरेंद्र मोदी ने उद्घाटन किया। बुंदेलखंड एक्सप्रेसवे के उद्घाटन के दौरान वहां मौजूद यूपी के मुख्यमंत्री योगी आदित्यनाथ इसके साथ ही यूपी के उपमुख्यमंत्री केशव प्रसाद मौर्य और ब्रजेश पाठक भी मौजूद रहें।

प्रधानमंत्री नरेंद्र मोदी ने उद्घाटन करते समय यह कहा कि बुंदेलखंड एक्सप्रेसवे से चित्रकूट से दिल्ली की दूरी तो 3-4 घंटे कम हुई ही है, लेकिन इसका लाभ इससे भी कहीं ज्यादा है। ये एक्सप्रेसवे यहां सिर्फ वाहनों को गति नहीं देगा, बल्कि ये पूरे बुंदेलखंड की औद्योगिक प्रगति को गति देगा। हम कोई भी फैसला लें, निर्णय लें, नीति बनाएं, इसके पीछे सबसे बड़ी सोच यही होनी चाहिए कि इससे देश का विकास और तेज होगा। हर वो बात जिससे देश को नुकसान होता है, देश का विकास प्रभावित होता है, उसे हमें दूर रखना है।

बता दें कि बुंदेलखंड एक्सप्रेसवे में करीब 14,850 करोड़ रुपए की लागत लगी हैं। यह एक्सप्रेसवे इटावा, औरैया, जालौन, महोबा, बांदा, और हमीरपुर जिले को कवर करेगा, चित्रकूट जिले के भरतकूप क्षेत्र के पास गोंडा गांव में समाप्त होगा। यह एक्सप्रेसवे चित्रकूट को लखनऊ-आगरा एक्सप्रेसवे से जुड़ेगा।

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List of world leaders with whom PM Modi held bilateral talks at the G7 Summit

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Megh Shah, Mumbai Uncensored, 12th July 2022:

  • Prime Minister Narendra Modi as always, had a busy schedule when he landed in Germany for the G7 Summit. As per the Ministry of External Affairs of the Government of India, the PM held a total of 6 bilateral meetings in addition to the interactions between him and all leaders present at the Summit. The list includes:-                                                                                                       
  • Meeting with – Mr. Alberto Fernandez (President of Argentina)                  

Issues discussed – Cooperation in areas such as trade, investment, climate action, renewable energy, nuclear medicine, pharmaceuticals, electric mobility, defence cooperation, agriculture, food security, traditional medicine and coordination in global bodies.                                                                                                                                

  • Meeting with – Mr. Cyril Ramaphosa (President of South Africa)                                                                                       

Issues discussed:-Deepening bilateral cooperation in areas like trade and investment, food security, defense, pharmaceuticals, digital financial inclusion, skill development, education,  insurance, health, and people-to-people contacts. Welcoming the WTO agreement reached in June 2022 that supports the production of COVID-19 vaccines in developing countries (India and South Africa were the first countries to submit a proposal on waiver of Covid-19 vaccine patents. The two countries also discussed regarding India and South Africa’s permanent UNSC membership in a reformed UN.                 

  • Meeting with – Olaf Scholtz (Chancellor of Germany)                      

Issues discussed:-  The two leaders reviews the progress made in bilateral cooperation after PM Modi’s visit to Germany in May this year. Discussions covered issues like climate action, provision of climate financing and technology transfer. Both leaders also agreed on the need to further deepen trade, investment and people to people ties.                                                                                                                            

  • Meeting with – Joke Widodo (President of Indonesia)

Issues discussed:– Increasing trade and investment between the two Asian countries. Discussions on Indonesia’s current and India’s forthcoming G20 Presidency.          

  • Meeting with – Ursula von der Leyen (President of European Commission)

Issues discussed:- The leaders expressed their delight at the resumption of negotiations between India and the EU on Trade, Investment, and GI Agreements. They examined India-EU collaboration in a variety of areas, including digital cooperation, climate action, and technology and innovation.                                                                            

  • Meeting with – Justin Trudeau (Prime Minister of Canada)

Issues discussed:- A productive meeting was held in which the leaders discussed India-Canada bilateral relations and agreed to further strengthen trade and economic linkages, cooperation in security and counter-terrorism, as well as people-to-people ties.

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