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Jurist Fali S Nariman: Governor is under constitutional duty to invite single largest party first

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Fali Nariman

New Delhi, March 15: Eminent Indian Constitutional jurist Fali S Nariman on Tuesday said that the Constitution and judicial precedents of India say that the Governor is obligated to call the leader of the single largest party first to form the government, reported Indian Express.

“My understanding of the law and the precedents (benches of nine and five judges respectively) is that the Governor of a state is under constitutional duty to first invite the leader of the single largest party to form the government,” said Nariman.

The statement from the senior jurist holds relevance as the entire country wants to understand if the charges of stealing Voters’ mandate on BJP by the Congress which emerged as the largest party in both Goa and Manipur hold constitutional ground or not.

Congress has alleged BJP to horse trade MLAs to form a government and breach the constitutional provision of letting the largest party prove its majority in the assembly.

In Goa Congress won 17 of the 40 seats, while the BJP could win only 13 seats but latter staked claim to form the government with the support of eight other legislators.

After Manohar Parrikar submitted a list of 21 MLAs in his support, Governor Mridula Sinha appointed him as the new Chief Minister of Goa and gave him 15 days to prove the majority.

Meanwhile Goa Congress leader Chandrakant Kavlekar said that he was neither called nor consulted by the Governor once on formation of new government despite hold being the leader of single largest party in the state.

When Indian Express enquired Nariman on the matter, he said the constitution doesn’t states about who rushed first.

“The Governor, according to me, is under a constitutional duty to first invite the leader of the single largest party in the state, whether or not he or she is the first to stake claim.”

He expressed his surprise on why the Supreme Court on Tuesday missed this point. He disagreed on Arun Jaitley’s reference that said Governor invited Parrikar as he had a support of 21 MLAs as against 17 MLAs of Congress. Nariman however, said that Consitution principles clearly say the single largest party should be called by Governor first.

Wefornews Bureau

India

No parole for mafia don Abu Salem to get married

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A file photo of gangster Abu Salem being taken to jail after a Mumbai court sentenced him life imprisonment in the Pradeep Jain murder case in 2015.

Mumbai, April 21: The Maharashtra government on Saturday rejected an application by incarcerated mafia don Abu Salem seeking 45 days parole for getting married, official sources said here.

Among the grounds cited by the authorities are that parole is not permitted for those accused or convicted of terror charges under the revised parole rules of the Maharashtra government in 2016, an official, who declined to be identified, told IANS.

Abu Salem, who is currently undergoing life imprisonment in Taloja Central Jail, Navi Mumbai, had applied in March to the Konkan Divisional Commissioner for parole for his second marriage with Sayed Bahar Kauser alias Heena.

The marriage was scheduled for May 5 in Mumbai and he had also provided the names and details of two of his cousins who were willing to stand guarantee for him.

He planned to stay temporarily at the Mumbai home of his prospective wife Heena during the parole duration.

In his application, Abu Salem cited how he was in jail continuously since the past more than 12 years without stepping out on parole/furlough even once.

In September 2017, Abu Salem – a close confidante of absconding mafia don Dawood Ibrahim Kaskar – was convicted and sentenced to a life sentence for his role in the March 1993 serial bomb blasts in Mumbai which killed 257 and wounded over 700 others.

IANS

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Cabinet approves restructured scheme for making local bodies self-sustainable

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Prime Minister Narendra Modi. (File Photo: IANS)

New Delhi, April 21 (IANS) The Cabinet Committee on Economic Affairs on Saturday approved a restructured Rashtriya Gram Swaraj Abhiyan (RGSA) scheme aimed at making rural local bodies self-sustainable, financially stable and more efficient.

Addressing a press conference here, Union Panchayati Raj Minister Narendra Singh Tomar said Prime Minister Narendra Modi — who chaired the CCEA meeting — will officially launch the scheme on April 24 in Madhya Pradesh’s Mandla.

The total outlay for the scheme during 2018-19 to 2021-2022 would be Rs 7,255 crore, of which 60 per cent would be borne by the Centre.

Tomar said the RGSA will help more than 2.55 lakh Panchayati Raj Institutions to develop governance capabilities to deliver on sustainable development goals through inclusive local governance, with a focus on optimum utilisation of available resources.

IANS

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PNB moves Hong Kong High Court against Nirav Modi

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New Delhi, April 21: The Punjab National Bank on Saturday approached Hong Kong High Court against diamantaire Nirav Modi in connection with the multi-crore fraud. 

The public lender will also move the courts of other countries where the celebrity jewelry designer and his business associate Mehul Choksi have assets and businesses.

Earlier on April 6, the Ministry of External Affairs had asked authorities in Hongkong to arrest diamantaire who is one of the key suspects in multi-crore Punjab National Bank fraud case.

Junior foreign minister V.K. Singh had told parliament “The ministry has sought the provisional arrest of Nirav Deepak Modi by the government of the Hong Kong Special Administrative Region, People’s Republic of China”.

The passports of Modi and  Choksi have been revoked.

Singh informed the house that India had submitted the request for Modi’s arrest to Hong Kong on March 23

Diamond trader Modi and owner of Gitanjali Gems, Mehul Choksi have been accused of defrauding the PNB of Rs 12,600 crore, with Rs 1,300 being added to the fraud kitty last month.

Earlier, the detected amount was Rs 11,300 crore.

WeForNews 

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