SC Issues Notice On BSP’s Challenging Rajasthan HC’s Refusal To Stay Speaker’s Approval Of Merger of 6 BSP MLAs With Congress

first_imgTop StoriesSC Issues Notice On BSP’s Challenging Rajasthan HC’s Refusal To Stay Speaker’s Approval Of Merger of 6 BSP MLAs With Congress Radhika Roy7 Jan 2021 3:37 AMShare This – xThe Supreme Court on Thursday issued notice in a plea filed by Bahujan Samaj Party (BSP) against a judgement of the Rajasthan High Court and an order passed by the Speaker of the Legislative Assembly, wherein the former held that the Speaker’s order was an administrative and not an order adjudicating the claim of merger. A Bench of Justices S. Abdul Nazeer and KM Joseph heard the…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Thursday issued notice in a plea filed by Bahujan Samaj Party (BSP) against a judgement of the Rajasthan High Court and an order passed by the Speaker of the Legislative Assembly, wherein the former held that the Speaker’s order was an administrative and not an order adjudicating the claim of merger. A Bench of Justices S. Abdul Nazeer and KM Joseph heard the matter and proceeded to issue notice. Senior Advocate Satish Chandra Mishra appeared on behalf of BSP. The SLP was filed against the 24th August, 2020, judgment of the Rajasthan High Court which had held that the 18th September, 2019, order of the Speaker of the Rajasthan Legislative Assembly was an administrative order and not an order adjudicating the claim of merger – “…without considering the substance of Order dated 18.09.2019 wherein the Speaker in unequivocal terms has given benefit of para 4(2) of the Tenth Schedule to recognize the claim of merger made by Respondent Nos. 3 to 8, dehors the adjudication on disqualification under para 6 of the Tenth Schedule”. Stating that the decision of the Speaker to approve the merger done in the most “arbitrary manner, without even issuing any notice or granting any opportunity of hearing to the Petitioner herein/BSP, which is the ‘Original Political Party in terms of Para 4 of the Tenth Schedule and the affected party”, the plea contends that the actions of the Speaker were “legally impermissible”. “Neither the Rules 1989 nor the provisions of Tenth Schedule empower the Speaker to decide the claim of merger. The findings recorded by the Speaker with respect to provisions of para 4 of the Tenth Schedule cause serious prejudice to the rights of the Petitioner as they were recorded without hearing the Petitioner who is the affected party and would come in the way in disqualification proceedings against Respondents Nos. 3 to 8”. The plea then goes on to state that the High Court has erred in holding the Order of the Speaker to be an administrative order and that the same has been done only on a “mere presumption/assumption without there being any such purpose evident from Order dated 19.09.2019”. It is also submitted that the High Court further erred in holding that the grant of an opportunity of hearing to the Petitioner would amount to an inquiry which was not warranted at the stage of recording the claim of merger, despite the fact that the findings of the Speaker in itself amounted to an inquiry. In light of the above, the plea seeks for the setting aside of the Rajasthan High Court order dated 24th August, 2020. In September 2019, the Rajasthan Assembly Speaker, Dr. CP Joshi, had allowed merger of six BSP MLAs with Congress. These six MLAs had been elected to the Rajasthan Legislative Assembly in December 2018 on the ticket issued by BSP. An Application was submitted by them to the Speaker in September 2019, who allowed for the merger. Challenging the Speaker’s decision, BJP MLA Dilawar had moved the Rajasthan High Court in March 2020 under the Tenth Schedule of the Constitution of India, seeking for a stay of the same in order to restrict the six MLAs from attending proceedings in the House while was the matter was pending in Court. This plea was later withdrawn. After that the Speaker passed an order on 28th July dismissing Dilawar’s petition to disqualify the BSP MLAs. This was further challenged by Dilawar before the Division Bench of the Rajasthan High Court. Both the Single Bench and the Division Bench of the Rajasthan High Court refused to order interim stay of the Speaker’s decision. A plea was then filed before the Supreme Court on behalf of Dilawar which was then dismissed on grounds that it was infructuous as the Rajasthan High Court had rendered a decision. In the meanwhile, a Transfer Petition was filed by the six MLAs, seeking a transfer to the Supreme Court, the petition filed in Rajasthan HC challenging the Speaker’s order approving the merger with Congress. During a previous hearing, Advocate Amit Pai had withdrawn the transfer petition.Next Storylast_img read more

Dimitar Berbatov sends ‘soft’ Manchester United triple warning about Arsenal clash

first_imgAdvertisement Dimitar Berbatov is worried that Manchester United could struggle at home to Arsenal (Picture: Getty)Dimitar Berbatov believes there is plenty for Manchester United to worry about when they host bitter rivals Arsenal on Monday night.United have only won twice in the Premier League so far this season and were held to a 1-1 draw by League One outfit Rochdale on Wednesday before edging through to the fourth round of the Carabao Cup on penalties.Manager Ole Gunnar Solskjaer also has an injury crisis to deal with – Paul Pogba and Luke Shaw will both face late fitness tests – while former United striker Berbatov is concerned by Arsenal’s forward lin.‘I am worried about the front players of Arsenal, especially [Pierre-Emerick] Aubameyang – he is phenomenal,’ Berbatov told Betfair.AdvertisementAdvertisementADVERTISEMENTMore: FootballRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starChelsea defender Fikayo Tomori reveals why he made U-turn over transfer deadline day moveMikel Arteta rates Thomas Partey’s chances of making his Arsenal debut vs Man City‘I like [Nicolas] Pepe as well, he is so unorthodox, he’s really fast, he can go one-on-one and challenge defenders.‘On this part of the pitch Arsenal are so dangerous, they can kill you with their speed so United need to be careful of that and don’t lose any space to them.’Arsenal have scored 11 times in six Premier League games so far this season but have also conceded 10 goals.Berbatov added: ‘The Arsenal defence isn’t in the best shape of their lives so the Man United strikers have a good chance to hurt them as well.‘Both teams have big strengths and weaknesses, they will both be looking to exploit each other.’United’s weaknesses were exploited the last time the two teams met, the Gunners winning 2-0 at the Emirates back in March.Solskjaer’s men should relish bringing Arsenal back to their home ground but Berbatov is concerned even that could work against them.Berbatov said: ‘United will have some advantage of playing at Old Trafford, but when the results haven’t been going for you, you know the fans will be a little impatient, you can think too much about it, make mistakes and it becomes a difficult situation.‘Sometimes when I have watched them I have noticed that United have been too soft against the opposition, they need to be tough in their challenges, show them who’s in charge and let them know that this is f****** Old Trafford.’More: Manchester United FCRio Ferdinand urges Ole Gunnar Solskjaer to drop Manchester United starNew Manchester United signing Facundo Pellistri responds to Edinson Cavani praiseEx-Man Utd coach blasts Ed Woodward for two key transfer errors Comment Dimitar Berbatov sends ‘soft’ Manchester United triple warning about Arsenal clashcenter_img Advertisement James GrayFriday 27 Sep 2019 2:47 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy linklast_img read more

Bel Wardle wins all-England play-off for Portuguese title

first_imgClick here for full scoresCaption: Bel Wardle with the Portuguese women’s amateur trophy © Filipe Guerra/GolfTattoo/FPG Tags: Bel Wardle, Portuguese, Women England’s Bel Wardle came from five shots off the lead to win the Portuguese women’s amateur championship in a play-off.The 18-year-old international caught and then beat fellow England player Annabell Fuller on the first play-off hole – the 18th – on the difficult West Cliffs course.“It’s amazing to win,” said Wardle, who was playing in her first competitive event of the year and adds this title to the English women’s and English girls’ open championships of 2017.Fuller, 15, took a three shot lead into the final round and Wardle was five behind her – but knew anything could happen. “This golf course throws everything at you, it is so tough. If you spray the ball left or right you are struggling to make a bogey.“I had no idea what anyone else was scoring but I just tried to keep myself as low as possible,” said Wardle, from Prestbury Golf Club in Cheshire. “Holes 16, 17 and 18 are really tough and I knew if I could hang in with some sort of score it would make those holes even tougher with the pressure.”In the final round, in which strong winds added to the challenge of the course, Wardle posted five-over 77 and declared herself: “100% happy. I was five-over through nine and heading in to the tougher nine, so I was so pleased to come back in level par.”It put her in the play-off after Fuller (Roehampton, Surrey) tangled with a bush and double bogeyed the 18th in regulation play. “I was very, very nervous, I had never been in a play-off,” said Wardle. “But I had my friend Jess Hall on the bag, she was calming me down and we went through the strategy I had in place and just played the hole.”This was Wardle’s first competitive event since the World girls’ championship last September – and she was ready for it. “I have done a lot of work over the winter with my coach, Richard Green of Bramhall Golf Club. My swing was feeling great coming into the week and I just wanted to get back competing again. I have done all the practice, I just wanted to get out there.”The championship was a great showcase for England talent – with English players capturing not only the first two places, but also the Nations Cup. Annabell Fuller, Sophie Lamb (Clitheroe) and Lily May Humphreys (Stoke by Nayland) combined to win the team prize. Lamb had her first hole in one during the championship and was eighth overall.center_img 27 Jan 2018 Bel Wardle wins all-England play-off for Portuguese title last_img read more