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Plea Moved in Gujarat High Court Seeking Directions For Turncoat MLAs To Pay For By-Poll Costs [Read Petition]

first_imgNews UpdatesPlea Moved in Gujarat High Court Seeking Directions For Turncoat MLAs To Pay For By-Poll Costs [Read Petition] Sparsh Upadhyay28 Oct 2020 11:49 PMShare This – xA plea has been moved in the Gujarat High Court seeking directions to the Election Commission to frame rules to recover the expenditure incurred by it on by-polls for assembly seats from those candidates, who ditched their original political party mid-term, and resigned, so that they can re-contest from the same constituencies by joining another party.The plea has been moved…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?LoginA plea has been moved in the Gujarat High Court seeking directions to the Election Commission to frame rules to recover the expenditure incurred by it on by-polls for assembly seats from those candidates, who ditched their original political party mid-term, and resigned, so that they can re-contest from the same constituencies by joining another party.The plea has been moved by Petitioner-Advocate Khemchand Rajaram Koshti stating that,”The writ petition is being filed in the public interest seeking directions to the respondents to frame rules/regulations and/or issue notifications/circulars to direct such returning candidates who subsequently indulge in such malpractices by resigning for personal interests/reasons and thereafter stand for re-elections from the same /different constituency, albeit under a different political banner, to deposit the amount spent by the Election Commission of India, which is public money specifically”.Petitioner-Advocate K R Koshti has, in his plea, named 19 such MLAs, out of the 77 legislators who contested and won on the ticket of the Indian National Congress in the 2017 state assembly polls, and who later on tendered the resignations from being a Member of Gujarat Legislative Assembly citing personal reasons.The Plea further states that most of them (out of 19 MLAs), later on, joined the ruling party in the State – Bharatiya Janata Party (BJP) and 10 of them either re-contested or are re-contesting by-polls on the same assembly seat.”The aforesaid manoeuvre was made only with a view to escape the provisions of disqualification”, submits the plea. Grounds (as mentioned in the Plea)· The Election Commission is required to conduct free and fair elections in the exercise of its power invested in it by virtue of Article 324 of the Constitution. Therefore, it is required to curb the aforesaid malpractice being perpetrated by the political parties as well as its returned candidates.· The expenses for conducting an assembly constituency is roughly one crore to two crores, which comes from public exchequer.· Though the term of each returned candidate is five years and he has won the election because of the confidence reposed in him/her by the public. Thus, the member of the legislative assembly is not expected to break the confidence of people who have reposed faith in him/her and just for achieving his personal goals or for his/her personal enrichment he/she cannot resign from the seat at his/her sweet will and then re-contest the election on the same seat as a candidate belonging to a different political party. · Though provisions of disqualification introduced by way of Schedule X of the Constitution of India for stemming the evil of defections, the aforesaid provision does not address this manoeuvre being performed by the political parties and their members.· Therefore, necessary directions are required to be issued to the ECI to frame the appropriate rules by providing the recovery of the expenses of elections from such candidate because of whose manoeuvre the repoll becomes inevitable. · The public money of Rs.2 crore for each such repoll cannot be spent on such mala fide and ill-motive exercise of power to resign by the member of legislative assembly.· Though the right to resign from the legislative assembly is an indefeasible right, but the same cannot be without accountability.· Such a legislative member is required to be saddled with the liability of repaying the expenses incurred by the Election Commission for conducting the re-poll and public money should not be wasted for convening the re-poll.In the facts and circumstances of the above case, the petitioner has prayed before the Court that:-· Issue a writ of mandamus or any other appropriate writ/order/ direction directing the respondent Election Commission to frame rules incorporating therein the provision for recovery of expenses incurred by the Election Commission to conduct polls in the assembly constituencies from the concerned MLAs who resign from the party and thereafter, seek re-election on the ticket of another political party as the resignation and re-election causes the loss of taxpayers’ money, which comes to the tune of Rs 2 crores per constituency;· Issue a writ of mandamus or any other appropriate writ/order/ direction directing the respondent Election Commission to frame rules incorporating therein a provision mandating each returned Member of Legislative Assembly to file an undertaking to the effect that they will not resign from the said constituency till their term is over;· To issue a writ of mandamus or any other appropriate writ/order/ direction directing the respondent Election Commission to frame rules incorporating therein the provision for mandating the Members of Legislative Assembly who resign from the party and seek reelections on the ticket of another political party to deposit the amount paid by the other candidates contesting the elections from the said constituencies;· Direct the Election Commission to direct each and every candidate who is contesting the assembly by-polls to file an undertaking to the effect that in case they win the election, they will not resign from the said constituency till their term is over.The petitioner has also sought directions for the ECI to place information before the court about the expenditure incurred on assembly polls per constituency.Click Here To Download Petition [Read Petition]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Education’s future, globally

first_imgFuture generations of leaders in international education gathered at the Harvard Graduate School of Education (HGSE) last week to explore solutions to some of the world’s most pressing challenges in the field.The conference, “Defining the Future of Global Education,” featured the presentations of final projects by close to 50 master’s students in the HGSE course “Education Policy Analysis and Research in Comparative Perspective,” taught by Fernando Reimers, Ford Foundation Professor of International Education.“The themes discussed during the conference and the commitment of presenters, discussants, and attendees gives me great hope,” said Reimers, “that during the next 10 and 20 years we are going to see even more progress in expanding the dream of providing quality and relevant education to all around the world.”Topics ranged from reforming civic education in Saudi Arabia to increasing educational opportunities for female students in rural Lao PDR to teacher absenteeism in India to China’s college entrance examination to English language literacy in American Samoa.Student Mark Huelsman cited persistent college attainment gaps between low- and high-income students during a talk on increasing access to higher education for low-income students in the United States.To reverse the troubling trend, he suggested a number of policy reforms, including simplifying financial aid applications and delivering financial aid to students well before they reach high school. He also called for the reform of higher education tax credits. Such credits should be refundable, Huelsman said, and students should have the option of receiving them before they are in debt to higher-education institutions.“I think these two policies could actually have the effect of engaging students early and promoting college-going behaviors.”With her paper, Maria Vanya Anaya Antelo explored how to change negative attitudes toward immigrants in France through the use of culturally sensitive teaching practices and multicultural education strategies. Needed are components of culturally relevant teaching that include the development of active listening techniques, the presentation of multiple perspectives during class discussions, and the creation of an atmosphere of inclusion in the classroom, said Antelo.“Every student in the classroom should feel that they can contribute to the learning community, [and] feel comfortable expressing their beliefs in a safe space.”Audience members and moderators for the various sessions included education leaders from around the world, including Reyes Tamez Guerra, the former secretary of education of Mexico, Susan Durston, the director of education for the United Nations Children’s Fund, and Khattab Al-Hinai, a member of the Oman state council and the chair of its committee on education.The oldest independent state in the Arab world, Oman is in the process of assessing and evaluating the country’s educational system, said Al-Hinai, who attended the Harvard conference to listen and learn.“I need to learn everything, the financing of education, the quality of education … everything. We need to get it right.”Also in the crowd was Manuel Gonzalez, a volunteer parent in the California school district that his five children attended, including his oldest son, now a Harvard sophomore.“It’s not foolish to think of high aspirations, of educational reforms that are on the face feasible, like convincing our society of the value that undocumented students can represent if you open the gates of academic training,” said Gonzalez, referencing a morning session by HGSE students MaryAnn Celis and Megha Tanwar.The pair, who discussed the use of programs to help improve college access for undocumented youths in the United States, said that each year 65,000 undocumented students put their college dreams on hold. Financial constraints are part of the problem, they said. Because of their undocumented status, illegal immigrants have to pay higher out-of-state tuition prices and are ineligible for work-study aid programs.The research showed that when such students can pay in-state tuition, as is the case with 13 states, their enrollment rates increase and dropout rates decrease.“Addressing the financial barrier would be to grant in-state tuition,” said Celis.last_img read more

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Central Islip Man Charged With DWI in Crash With Cop

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Salvatore DistefanoA Suffolk County police officer helping investigate a fatal car crash was injured when an alleged drunken driver rear-ended his patrol car in Patchogue on Sunday evening, authorities said.The highway patrolman was at the scene of a crash that killed a 22-year-old driver on Sunrise Highway earlier the same day when Salvatore Distefano crashed his Chrysler into the cop car at 7:12 p.m., police said.Police Officer Brian Smales had parked his car, with emergency lights activated, on the right shoulder of the express portion of the road in an attempt to make the scene safe for the search, police said.Smales was airlifted to Stony Brook University Hospital where he was treated for head, neck, back and leg injuries.Distefano was taken to Brookhaven Memorial Hospital Medical Center in East Patchogue where he was treated for facial lacerations.The 29-year-old Central Islip man was arrested and charged with driving while intoxicated, assault and violating New York State’s “Move Over Law” that requires drivers slow down and change lanes to safely pass an emergency vehicle stopped on the side of the road.He will be arraigned Monday at First District Court in Central Islip.Smales was at the scene of the crash that claimed the life of Colin Garrett of Patchogue and injured two of his passengers at 1:32 a.m. Sunday, police said.Vehicular Crimes Unit detectives ask anyone with information regarding this crash involving Distefano to call them at 631-852-6295.last_img read more

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Jokowi calls for regional spending as economy contracts

first_imgTopics : President Joko “Jokowi” Widodo has called on local administrations to accelerate their regional budget spending to help boost the economy after Indonesia’s gross domestic product (GDP) contracted in the second quarter. About Rp 170 trillion (US$11.5 billion) in funds from local administrations were left sitting in banks, waiting to be disbursed, he said.“I am optimistic [the economy in] the third quarter will be better than in the second quarter,” Jokowi said during a coordination meeting in Bandung on Tuesday. “We want to grow positively but we need to work hard.” The President expressed hope for spending to occur between July and September to prevent a recession in the third quarter.The Indonesian economy shrank 5.32 percent year-on-year in the second quarter, the worst since the first quarter of 1999, as pandemic restrictions hit economic activity hard. Government spending, which was expected to anchor the economy and boost people’s purchasing power amid cooling private sector activity, plunged 6.9 percent during the period.Finance Minister Sri Mulyani Indrawati expected the economy to grow at no more than 0.5 percent or even contract further in the third quarter, which means the country could fall into recession.A recession is typically defined as an annual economic contraction in two consecutive quarters.center_img Jokowi further noted that Indonesia’s economic contraction of 5.32 percent was still better than that of other countries, such as Germany, France and the United States at 11.7 percent, 19 percent and 9.5 percent, respectively.“Local administrations must prioritize their spending in the third quarter as the sooner the spending happens, the better our chance of returning to a positive economic trajectory,” he said.The government has earmarked Rp 695.2 trillion toward its pandemic response, including economic, social and health needs.However, it has only spent Rp 145.4 trillion, dominated by social aid and a micro, small and medium enterprises (MSMEs) stimulus, while the disbursement of stimulus funds for health care and corporate financing lagged behind.West Java Governor Ridwan Kamil said at the same meeting that 10.7 million families had received social aid as of Tuesday because only 25 percent of West Java’s population of 50 million were eligible for the assistance. He claimed that, in actuality, 72 percent of the population needed social aid.The West Java economy contracted 5.9 percent in the second quarter, shrinking further than the national contraction over the same period.The province reported 2.73 percent economic growth in the first quarter but the pandemic had brought its manufacturing industry down, resulting in a deep contraction the following quarter, Ridwan added.Around 40 percent of West Java’s regional GDP is sourced from the manufacturing industry.Ridwan said his administration would employ people affected by the pandemic in its projects and asked the government to buy consumable goods from local manufacturers in West Java, adding that some companies, such as state-owned weapons manufacturer PT Pindad and state-owned aircraft maker PT Dirgantara Indonesia, had pivoted their business toward health needs by producing ventilators as a way to survive the COVID-19 pandemic.“The central government can buy uniforms and other consumable goods from our manufacturers, so this can be a win-win solution,” he said. (eyc)last_img read more

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Santi Cazorla proves he still loves Arsenal with message to club after FA Cup win against Chelsea

first_imgCazorla twice won the FA Cup at Arsenal (Picture: Getty)Former Arsenal midfielder Santi Cazorla showed he still has a place in his heart for the Gunners after the side’s 2-1 win against Chelsea in the FA Cup final.The Gunners secured their first piece of silverware under Mikel Arteta by coming back from a goal down against Frank Lampard’s side to claim their 14th FA Cup victory.Cazorla won the cup twice during his time in north London and supporters have not forgotten the part the Spainard played under Arsene Wenger.The 35-year-old made just 33 appearances in his final three seasons at Arsenal and was told by a series of medical officials that his career was over after a number of ankle and foot injuries. ADVERTISEMENT Full Screen Rio Ferdinand tells Ole Gunnar Solskjaer to drop struggling Comment And Cazorla has shown he’s lost little of the love he had for Arsenal by sending a message of congratulations to his former side. ‘Well done boys one more for all of you!❤️🏆👏😘,’ said Cazorla.MORE: Wayne Rooney accuses Sir Alex Ferguson of ‘suicidal’ tactics in Champions League finals against Barcelona by Metro Coming Next Metro Sport ReporterSunday 2 Aug 2020 10:22 pmShare this article via facebookShare this article via twitterShare this article via messengerShare this with Share this article via emailShare this article via flipboardCopy link2.2kShares SPONSORED Manchester United captain Harry Maguire Santi Cazorla proves he still loves Arsenal with message to club after FA Cup win against Chelsea Read More Visit Advertiser website GO TO PAGE Read More Arsenal battled back from a goal down (Credits: AP)Cazorla dumbfounded the doubters by returning to full fitness and he’s spent the last two seasons at Villarreal, where he’s scored 25 goals.AdvertisementAdvertisementThe Spaniard was released at the end of the season and has been heavily linked with a return to the Emirates, where Arteta is keen to have his former team-mate as part of his backroom staff. Read More PLAY Advertisement Read More Skip Ad Read More Skip / 1/1 Top articles Video Settings About Connatix V67539 1 min. story Advertisementlast_img read more

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FRR launches ESG portfolio analysis searches and updates RI policy

first_imgCaisse des Dépôts in Paris, where FRR is basedThe services being sought are mostly not new for the fund, but according to a spokeswoman FRR had made some small changes, for example by splitting the two contracts into various “lots” to allow more applicants, and by specifying environmental impact analysis as one of the environmental footprint tasks.Vigeo Eiris is FRR’s current provider of portfolio extra-financial risk analysis, while S&P Trucost has been responsible for the environmental footprint analysis, with both contracts due to end this year.Ratcheting up ambitionsThe RFPs followed the publication of FRR’s responsible investment strategy for the next four years. According to FRR, this was a continuation of previous strategies “while being resolutely proactive and ever more ambitious”.“This strategy ushers in a new phase that will drive ambition further by increasing accountability at all portfolio levels and involving the entire financial management ecosystem to underline the leadership role assumed by FRR over many years,” said the fund.It indicated that it intended to make particular efforts to contribute to “accelerating the energy transition”, which is one of the four “pillars” of its 2019-23 strategy.It said it would continue to align its portfolio with a global warming trajectory of 2°C “or even 1.5°C” above pre-industrial levels, by reducing the proportion of its most carbon dioxide-emitting investments and increasing so-called “green” investment financing.Yves Chevalier, executive director at FRR, told IPE that the fund’s efforts to support decarbonisation would be sensitive to the need for a “just transition”.“Everything we do with regard to the energy transition has to take into account the social dimension,” he said. “This is very important to our stakeholders, especially the trade unions that are in our monitoring committee, and something we strongly believe in.“We will work on this with all our different asset managers.”FRR also said it would carry out an in-depth analysis of the UN Sustainable Development Goals “to align its management with those that are most relevant in accordance with its values and fiduciary responsibility”.It added that it could look into the possibility of valuing the extra-financial performance of its investment activity and “how the usefulness of the impact of its investments might be added to that of their financial performance”.FRR also indicated that it would continue to work with index providers with a view to ensuring that these “create and enrich a range of indices that are open to all and take account of extra-financial criteria”.More information about the requests for proposals can be found here. FRR, France’s €33bn pension reserve fund, is looking for an external service provider to analyse the environmental impacts of the issuers in its portfolio and physical climate risks.The task was one of several covered by two requests for proposals (RFPs) for providers of “extra-financial” portfolio analysis that FRR has launched ahead of current contracts expiring.One of the two contracts was for “analysis of extra-financial risks and opportunities” associated with FRR’s portfolio, predominantly regarding the management of reputational risk associated with investee companies’ practices.Reputational risks could arise from investee companies failing to respect “universally recognised” principles, such as those underpinning the UN Global Compact, the Sustainable Development Goals, “good governance”, and international conventions ratified by France, said FRR. The second RFP was for the measurement and analysis of FRR’s portfolio’s environmental footprint.last_img read more

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Arsenal’s winning streak surprises even Arsene Wenger

first_imgArsenal’s eight-match winning streak in the Premier League has taken even manager Arsene Wenger by surprise, according to the Frenchman whose side retain an outside chance of winning the title.”I always hope to get the best out of my team, but no manager in the world if he is serious can predict a run like this,” Wenger told Arsenal’s website.”In the Premier League it’s very difficult to predict.” Wenger has once again come under fire this season, with fans frustrated by Arsenal’s failure to mount a serious title challenge and another last-16 exit in the Champions League.However, with an FA Cup semi-final this weekend and still the chance to chase down Chelsea in the table, Wenger’s position at Arsenal is again looking secure. Arsenal have won 16 of 18 games in all competitions and Wenger believes the change in fortune is down to him finally having a relatively injury-free squad.”It’s down to the quality and the attitude of the team, the quality of the spirit we have in the side,” he said.”We prepare (well), we prepare and contribute to our success, that is for sure. What people forgot is that we had big players out for four months this season. “Six or seven players from the squad completely out. So that made a big difference.”We have a better balance in the team and some players have made it like (Francis) Coquelin, who contributes to the balance of the team. Hector Bellerin as well has come into the team.”And big players like (Laurent) Koscielny, like (Mesut) Ozil, like (Olivier) Giroud have been out four months in the season — four months the three together!”I have a quality bench and we even have quality players at home like Chamberlain, Arteta, Wilshere. I didn’t even try to play Debuchy. We have a big squad and I think we have quality.”Let’s see how we finish the season and after see how we do next season.” Arsenal face Championship side Reading in the FA Cup semi-final this weekend and host Chelsea the following week. –last_img read more

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Olympics bigwigs promise to avoid relegation

first_imgGreat Olympics have boosted their league survival hopes with Sunday’s 2-1 win over Bechem United at the Accra Sports Stadium.Ex-Ghana international Godwin Attram and Kwame Boateng scored for the Wonder Club while Issah Adamu got the consolation for Bechem United.Oly are on 25 points after 22 matches and their 15th position is only one behind city rivals Hearts of Oak as both struggle to avoid the drop.CLICK TO READ: 7 things we learned from matchday 22Assistant Olympics coach Kassim Mingle is confident of bounce back ahead of tough games with BA United, Medeama, Hasaacas, Berekum Chelsea and Aduana Stars.”We are going to Sunyani to bring the three points and we want to assure fans that Oly will not be relegated. That’s a pledge,” he told Asempa Sports. The two sides play on Wednesday at the Coronation Park.Same tune by PappoeOlympics, who got promoted to the 2014/2015 season, have seen the tough tough from its board member, Fred Pappoe, as well.‘‘We are just facing challenges, like any other club in the league, but we can survive. We are doing a lot of things to stay in the Premiership. We are motivating the players, working on the technical side as well and I believe we will come out of it,” Pappoe told GNA Sports. He added that “We have victory in mind and we are working towards that and with the quality of players in the team, victory over Bechem will be the beginning of our way out of the relegation zone.”–CLICK TO READ: Matchday 23 game-by-game preview–Follow Joy Sports on Twitter: @Joy997FM. Our hashtag is #JoySportslast_img read more

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