#SupremeCourt hears pleas relating to conduct of local body elections in the State of #Maharashtra
Bench: Justices Surya Kant and Joymalya Bagchi
In May, the Court had passed an interim order for holding of the local body elections, which were stalled since 2022 due to litigation relating to implementation of reservation for OBCs
J Kant: Have the elections been conducted? Order was passed in May, elections were to be conducted in 4 months (by Sept end)
Maharashtra counsel: Process is underway...delimitation done...State Election Commission seeking some extension...an interim application has been filed
J Kant: Why should we grant you time till January?
A counsel: There are 29 municipal corporations...for the first time, elections being done simultaneously
J Kant: Your inaction speaks of incompetence...tell us verbally the reasons
Counsel: We have 65000 EVM machines, require 50000 more...we have placed orders.
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J Kant: This was known to you even when we passed the first order
Petitioners: Within 2 weeks, they had to notify...they are now doing everything afresh...delimitation also not finalized in several cases...reasons are festivals, board exams, staff and EVMs not available...requirement of returning officers at polling stations...in Punjab, this Court directed and elections were held immediately.
#SupremeCourt
Order: Controversy pertains to conducting of local body elections in Maharashtra. Elections could not be held primarily on account of reason that there arose dispute re: reservation for OBCs. Validity of extended reservation based upon report of Banthia Commission is subject matter of challenge. It is in this backdrop that on 6 May, this Court passed a reasoned order with following directions...it may be seen from para 5(iii) that the elections were expected to be concluded within 4 months viz. by end of this month.
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#SupremeCourt hears batch of petitions challenging the constitutionality of laws in Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand and Karnataka, dealing with religious conversions
#AnticonversionActs
Sr Adv CU Singh : in UP Act they have minimum sentence of 20 years coupled with twin conditions of bail and a reverse burden of proof
Singh: anybody who marries in an interfaith marriage, bail would become impossible...there is an urgency, several states are already enacted some are enacting, recently Rajasthan has also enacted a law
#SupremeCourt hears PIL filed by the mothers of Rohit Vemula and Payal Tadvi assailing caste discrimination in higher educational institutions (HEIs)
Bench: Justices Surya Kant and Joymalya Bagchi
SG Tushar Mehta: 391 suggestions received after publishing of draft regulations…expert committee has said that suggestions need to be examined and accordingly, draft regulations need to be amended
J Kant: There are some very good suggestions…1 or 2 may be problematic
SG: Some suggestions found favorable by the Committee…report filed to UGC, matter pending at that level.
#SupremeCourt #CasteDiscrimination
Sr Adv Indira Jaising (for petitioners): This was filed in 2019…much water has flown under the bridge…many people have committed suicide even after filing of the petition…draft regulations have been published, we gave suggestions…2 coordinate benches of this court have tried to address the issues…we are interested in preventing student suicides...we came to court with a simple grievance that regulations were not being implemented...
J Kant: I read your note...I understand there are 10 points...protection of complainants, mental health counselling, personal liability for negligence, audits, action for non-compliance, etc...our proposal is now that matter is pending with UGC, we direct today that these points be also considered for incorporation in the proposed regulations
Jaising: Grateful. But a time limit may be imposed.
#SupremeCourt dismisses with costs a writ petition seeking reconsideration of its 2020 judgement that upheld the West Bengal Madrasah Services Commission Act 2008.
Bench: Justice Dipankar Datta and Justice Augustine George Masih.
The petitioner filed the writ petition in light of the recent Vasanta Dupare v UoI judgement holding that Article 32 can be invoked by the Supreme Court to revisit its own final orders if it is necessary to prevent a continuing breach of fundamental rights livelaw.in/top-stories/de…
#BiharSIR: #SupremeCourt to hear today the pleas challenging Election Commission's Special Intensive Revision of Bihar's electoral rolls
Bench: Justices Surya Kant and Joymalya Bagchi
A plea seeking nationwide SIR across India also listed before the bench
Previously, Court directed that Aadhaar Card be accepted as a '12th document' for proof of identity of voters, subject to verification of its genuineness and without it serving as a proof of citizenship
ECI filed an affidavit stating that it has issued communications to Chief Electoral Officers of all States/UTs, except Bihar, to initiate preparatory steps for SIR of electoral rolls and 01.01.2026 has been set as the qualifying date
Adv Ashwini Upadhyay (who has filed the petition seeking nationwide SIR) mentions an application seeking modification of the Court's earlier order on acceptability of Aadhaar
Upadhyay: I wish to bring on record addl documents...it may be taken on record for today's hearing...there are 6 judgments that Aadhaar is neither age proof nor residence proof...
J Kant says judgments can be shown at the time of hearing.
#SupremeCourt #BiharSIR
J Kant: Mr Dwivedi (for ECI), what's the current status? Should we not wait for actual assessment as to how many individuals left out?
Sr Adv Gopal Sankaranarayanan: EC is moving ahead as far as other states are concerned
J Kant: How can we stop? If other states have filed petitions, ofcourse they will be heard
Gopal S: Just give us a date on which legal issue will be taken up.
"Right to housing is a fundamental right under Article 21": Supreme Court asks Centre to come up with a revival fund to provide financing for stressed real estate projects undergoing insolvency, in order to prevent liquidation of viable projects and protect homebuyer interest.
The Court passed directions to safeguard home buyers while upholding an NCLAT judgement which it held that claims of speculative buyers cannot be admitted to insolvency proceedings.
Court: Speculative participants driven purely by profit motives cannot be permitted to misuse the Insolvency and Bankruptcy Code, which is a remedial framework for revival and protection of sick companies and in the case of real estate, genuine homebuyers.