Rajasthan HC Sets Aside Speaker’s Rejection Of Disqualification Petition Against 6 BSP MLAs; Asks Speaker To Decide Merits Within 3 Months [Read Order]

first_imgNews UpdatesRajasthan HC Sets Aside Speaker’s Rejection Of Disqualification Petition Against 6 BSP MLAs; Asks Speaker To Decide Merits Within 3 Months [Read Order] LIVELAW NEWS NETWORK24 Aug 2020 7:19 AMShare This – x The Rajasthan High Court on Monday set aside the order of the Speaker which rejected the petition submitted by BJP MLA Madan Dilawar seeking the disqualification of 6 BSP MLAs who had merged with the Congress in 2019.A single bench of Justice Mahendar Kumar Goyal found fault with the Speaker, Dr CP Joshi, for rejecting the petition on technical grounds.The Speaker had cited Rule 6(7)…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?Login The Rajasthan High Court on Monday set aside the order of the Speaker which rejected the petition submitted by BJP MLA Madan Dilawar seeking the disqualification of 6 BSP MLAs who had merged with the Congress in 2019.A single bench of Justice Mahendar Kumar Goyal found fault with the Speaker, Dr CP Joshi, for rejecting the petition on technical grounds.The Speaker had cited Rule 6(7) of the 6 of the Rajasthan Assembly Members (Disqualification on the Grounds of Defection) Rules of 1989.The Court, referring to the SC precedents Speaker, Orissa Legislative Assembly vs. Utkal Keshari Parida- (2013) 11 SCC 794 and Dr. Mahachandra Prasad Singh vs. Chairman, Bihar Legislative Council & Ors.- (2004) 8 SCC 747, which held that any person interested is also entitled to bring to the notice of the Speaker the factum of disqualification incurred by any Member of the House  and that the Speaker is constitutionally obliged to take a decision on receiving such a complaint, observed :”…rejecting the disqualification application on the ground of violation of Rule 6(7) of the Rules of 1989, which does not go to the root of the matter, cannot be sustained in the eye of law. Even otherwise also, once, the factum of alleged defection was brought to the notice of the Speaker, he was under the constitutional obligation to adjudicate upon the same”.The bench also held that BSP will be entitled to raise the plea of disqualification before the Speaker.Accordingly, the Court ordered that it expects the Speaker to take a decision on the merits of the disqualification petition within a perido of three months following the time-frame set by the Supreme Court in Keisham Meghachandra Singh vs. the Hon’ble Speaker, Manipur Legislative Assembly.However, the bench refrained from adjudicating the correctness of the order passed by the Speaker in 2019 recording the merger of BSP MLAs with Congress. The Court said that it was a mere administrative order passed by the Speaker recording the claim of BSP MLAs that they had merged without Congress, without any adjudication. At that stage, the Speaker is not expected to invite objections to the merger, the Court said.”Since, the order dated 18.9.2019 has been held to be an administrative order and not an order under paragraph 4 of the Tenth Schedule, this Court refrains itself from venturing into the question of its validity qua the parameters laid down therein”, the bench observed.Click here to download the order Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

UP Bar Council VS BCI- “Have Power To Give Directions To State Bar Councils Under Advocates Act”: BCI Tells Delhi High Court

first_imgNews UpdatesUP Bar Council VS BCI- “Have Power To Give Directions To State Bar Councils Under Advocates Act”: BCI Tells Delhi High Court Akshita Saxena5 March 2021 2:40 AMShare This – xThe Chairman of the Bar Council of India, Manan Mishra, has informed the Delhi High Court that the Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of Committees to look after the activities of the Bar Council of UP have been issued in exercise of its powers under the Advocates Act. Mishra told a Single Bench of Justice Prathiba M. Singh that the BCI has power…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 Chairman of the Bar Council of India, Manan Mishra, has informed the Delhi High Court that the Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of Committees to look after the activities of the Bar Council of UP have been issued in exercise of its powers under the Advocates Act. Mishra told a Single Bench of Justice Prathiba M. Singh that the BCI has power to give directions to the State Bar Council under Section 48B of the Advocates Act, 1961, and accordingly the impugned direction has been given.The provision states: For the proper and efficient discharge of the functions of a State Bar Council or any Committee thereof, the Bar Council of India may, in the exercise of its powers of general supervision and control, give such directions to the State Bar Council or any committee thereof as may appear to it to be necessary, and the State Bar Council or the committee shall comply with such directions. He further undertook before the Court that the BCI will conduct a meeting with the representatives of the State Bar Council and attempt to amicably resolve the matter. Taking this submission on record, the Single Judge said that a report of the outcome of the meeting should be placed before it. The order stated, “The grievance of the Petitioner is that they were not afforded a hearing as also that the BCI ought not to be permitted to interfere in the day to day working of the State Bar Councils. Mr. Mishra submits that the BCI would meet with both factions of the State Bar Council and attempt to amicably resolve the matter. The meeting with the BCI shall accordingly take place on 15th March, 2021. On the said date, all the respective groups may be represented and an attempt shall be made to sort out the disputes between the different factions of the Bar Council of Uttar Pradesh. Let the said meeting be held in the premises of BCI, Delhi. Intimation about the meeting shall be given by the BCI to all the stakeholders concerned and the time shall also be fixed.” The matter is fixed for consideration on April 9. Background On receipt of a complaint against the Uttar Pradesh Bar Council, the BCI issued two Circulars dated 19th January, 2021 and 2nd February, 2021 for appointment of a nine-member Committee to look after its activities and a three-member Committee for conducting its elections, respectively. Opposing the same, the UP Bar Council submitted that vide the impugned circulars, the State Bar Council has, in effect, been superseded by the BCI and its bank accounts are put under the control of the three-member election committee. Its main grievance is that the order was passed without affording an opportunity of hearing. The High Court had issued notice on the petition last month. The BCI Chairman has assured that the matter shall be settled amicably after hearing both factions of the State Bar Council.Advocates Swetashwa Aggarwal, Rajiv Bajaj, Saurab Soni, Mannat Singh, Shishir Prakash and Karuna Krishan Thareja appeared for Bar Council of UP. Senior Advocate Manan Mishra with Advocate Preet Pal Singh for BCI. Case Title: Bar Council of Uttar Pradesh & Anr. v. Bar Council of India & Ors. Click Here To Download Order Read OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Developers enter the moral maze

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Pick 6: College football coaches on the rise

first_imgIn this Oct. 5, 2013, file photo, South Florida head coach Willie Taggart celebrates with fans after the team defeated Cincinnati during an NCAA college football game in Tampa, Fla. (AP Photo/Chris O’Meara, File)Now that Chris Petersen has left Boise State for Washington, college football needs another coach from outside the so-called Big 5 conferences that will have his name come up for almost every big job.Six coaches whose names are likely to come up often when the jobs start coming open this season.___Matt Campbell, Toledo.At 34 years old, Campbell begins his third full season as the Rockets’ coach and is still one of the youngest head coaches in the country. The former quarterback at Division III powerhouse Mount Union is 17-9 with the Rockets, who are expected to contend for a MAC title again. If he’s not coaching in a Big 5 conference before he’s 40, it’ll be surprising.Doc Holliday, Marshall.It’s taken a few years for Holliday, a native of Hurricane, West Virginia, to sort things out at Marshall but he’s got it rolling now. The Thundering Herd went 10-4 last season and is primed for another big year in Conference USA. The 57-year-old former Mountaineers player and assistant coach also did a stint at Florida under Urban Meyer. If West Virginia were dive back into the coaching market, Holliday seems like an obvious candidate.Mark Hudspeth, Louisiana.Hudspeth has put up three straight 9-4 seasons in Lafayette, Louisiana, and become something of a social media sensation for his impressive work in the weight room — he bench presses about as much as a linebacker. The Ragin’ Cajuns are poised for another big year and with his roots in the south, he seems like a natural to eventually land in the SEC.Pete Lembo, Ball State.Wake Forest and Connecticut both gave Lembo a look after last season. It was a long look from Wake Forest. The 44-year-old Lembo has won everywhere he has been, including 25-13 in three years at Ball State, a program that had cratered before he took over. Lembo signed a new contract this offseason that makes him the highest-paid coach in the MAC. An even bigger payday might not be far away.Tim DeRuyter, Fresno State.The Bulldogs had lost their way. In two years, DeRuyter (20-6) has helped them find it again. Things get tougher this season with quarterback Derek Carr gone and one of the toughest nonconference schedules in the country. If DeRuyter can navigate through those two obstacles and lead Fresno State on another Mountain West title run, interest will be high for the 51-year-old former defensive coordinator.Willie Taggart, South Florida.Taggart’s first season with the Bulls started so poorly, he never could dig out. Coming off 2-10 season, some of the shine is off the former Stanford assistant under Jim Harbaugh. Still, the 37-year-old appears to have a bright future and a quick turnaround could put him back on the fast track to bigger things.last_img read more

State Retailers Dedicate Expanded, Newly-Named Headquarters in Olympia

first_imgFacebook10Tweet0Pin0Submitted by Washington Retail AssociationNearly 140 South Sound community leaders attended the grand re-opening of the Washington Retail Association headquarters in Olympia on Friday.Jan Teague, the former President and CEO, was honored at the event on February 2 in Olympia. Photo courtesy: Washington Retail AssociationThe statewide association, founded in 1987, dedicated its newly-expanded headquarters that added 1,400-square feet of office space on a new second story. Many members of the association board of directors who were in Olympia to meet with state legislators attended the dedication that reflects the organization’s growth and stability.The association also unveiled a plaque on the building honoring Jan Teague, the former President and CEO, who retired last year after leading the organization through a steady period of growth the past 19 years. The building at 618 Quince S.E. in Olympia now is marked as The Janice Teague Building.Renée Sunde, formerly The City of Olympia’s Economic Development Director, succeeded Teague as President and CEO last fall. Sunde brings a strong background in marketing and business, community and economic development.Sunde assumes leadership as the retail industry is changing quickly. She is focused on raising the organization’s profile and membership through community outreach and new partnerships,   implementing a more effective public relations strategy using video and other state-of-the-art technology, and advocating for the retail industry across the State of Washington.last_img read more

San Francisco official charged in extortion attempt

first_imgSAN FRANCISCO (AP) – Federal authorities Thursday charged a rookie San Francisco lawmaker with fraud for attempting to extort $80,000 from a group of fast-food proprietors who had business permit troubles. The felony charge stems from an FBI sting that included the tapioca-drink shop owners delivering a $40,000 payment to Supervisor Ed Jew in marked $100 bills earlier this year, and promising to deliver the rest of the money later. Jew, 47, has acknowledged taking the money, but said he did so at the businessmen’s insistence and on behalf of a consultant he recommended they hire to help with their permit problems. But the owners of the Quickly chain of 12 tapioca-drink stores insisted it was Jew who first approached them with word of their permit problems. Tapioca drinks, also known as “bubble tea,” are popular beverages throughout Asia and San Francisco’s Chinese neighborhoods. Jew is charged with a single count of mail fraud. Authorities allege that Jew deprived his constituents of his “honest services” by attempting to shake down the owners of the Quickly chain of drink shops. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more

Raiders belong to Derek Carr in 2019, and they always did

first_imgClick here if you are unable to view this gallery on a mobile device.ALAMEDA — The clock starts now.All the ticking that was supposedly going on around draft time regarding the future of Derek Carr with the Raiders was nonsense, speculation devoid of logic and common sense.Carr had adapted and learned coach Jon Gruden’s system of football well enough that there was no thought given to drafting an immediate replacement. Certainly not after a single season, and under a coach who has no track …last_img

49ers training camp: Garoppolo leads Monday’s highlights

first_imgSANTA CLARA — Two plays Monday signaled key strides in Jimmy Garoppolo’s comeback.First, Garoppolo’s reconstructed left knee channeled enough ground force to unleash a 70-yard touchdown pass to Richie James Jr., the first pass Garroppolo attempted in the first full-pad practice at 49ers training camp.It was the best deep ball Garoppolo has thrown — in front of the media — since his Halloween 2017 arrival, or at least that is what it seemed like in the wake of all he’s endured.The other …last_img

“Screaming Skulls” GCPJNV GEOCACHE OF THE WEEK – September 26, 2011

first_img“Screaming Skulls”“This is a very interesting location, try to have extra time to explore the area.” That brief hint is all the cache page for “Screaming Skulls (GCPJNV) offers about this visually amazing geocache location in Ontario, Canada.The Go Getters hid the traditional geocache at this site in 2005. Since then more than 200 geocachers wandered into a grassy field crowned with larger than life sculptures in search of the cache.One cacher who logged the difficulty one, terrain 1.5 geocache says, “I walked around in awe for about 45 minutes, checking out the statues, structures and miscellaneous other sights throughout the property. The house is very unique as well. Thanks for placing a cache here and thereby bringing me to a spot I would never visit. This one rates a ‘Favorites’ listing from me.” That cacher wasn’t alone. “Screaming Skulls” has earned 40 Favorite Points so far.  There are more than 1.5 million active geocaches around the world. Each can lead you on an adventure you never imagined.”Screaming Skulls”Continue your exploration of some of the most engaging geocaches from around the globe. Explore all the Geocaches of the Week on the Latitude 47 blog or view the Bookmark List on Geocaching.com.Share with your Friends:More SharePrint RelatedHigh energy! — Fission around the bend (GC1NGRD) — Geocache of the WeekMay 28, 2015In “Geocache of the Week”Line of Sight — In the Distance (GC4JZTK) — Geocache of the WeekMarch 19, 2015In “Geocache of the Week”Create a geocache with spare change. – Deja Vu? (GC5F41G) – Geocache of the WeekOctober 23, 2014In “Geocache of the Week”last_img read more

Is There Too Much Free Speech on Facebook? Maybe, Says A Facebook Lobbyist

first_imgA Comprehensive Guide to a Content Audit Tags:#Facebook#NYT#web Related Posts audrey watters The Dos and Don’ts of Brand Awareness Videoscenter_img Facebook is Becoming Less Personal and More Pro… Rumors have been circulating for some time now that Facebook is poised to make its entry into China – one of the few remaining countries in which the social network has no presence. As it stands, Facebook is currently blocked in China.But entry into China isn’t as simple as unblocking access or launching a Chinese-language version. Should Facebook enter China (or “when Facebook enters China,” rather), it is likely it will be required by the Chinese government to censor material and hand over user data.That requirement is something that Google has struggled with, eventually withdrawing from mainland China last year. While Google remains the largest search engine in the world, that status doesn’t extend to China where Baidu dominates. Interestingly, some of the rumors of Facebook’s entry into China involve a partnership with the Web services company.“Make the World More Open and Connected” – Unless Governments ComplainQuestions of censorship remain front and center in these discussions about Facebook’s global reach – both abroad and state-side. Indeed, Facebook’s mission is to “make the world more open and connected,” a stance that – much like Google’s “Don’t be evil” mission – seems to run counter of suppression of free speech.But recent remarks from Facebook suggest that the social networking company is evaluating just how that notion of free speech works – and doesn’t work – in different countries. Facebook is indicating that it may be willing to crack down on content posted to the site, in order to appease governments. “Maybe we will block content in some countries, but not others,” Adam Conner, a Facebook lobbyist, told The Wall Street Journal. “We are occasionally held in uncomfortable positions because now we’re allowing too much, maybe, free speech in countries that haven’t experienced it before.”The WSJ notes that this stance might not go over well with Congressional leaders in Washington D.C., many of whom are displeased that Facebook has sidestepped questions about its plans for China. Furthermore, the WSJ adds, Facebook hasn’t signed on to the Global Network Initiative, an industry group to which both Google and Microsoft belong that lays out ways to protect free speech as Internet technologies expand globally.Facebook and Political ExpressionThis concern over free speech isn’t simply about China, of course. And for its part Facebook has been credited with a key role in many of the recent uprisings in Tunisia and Egypt, giving activists an important tool for unfettered political expression. The site has remained tight-lipped about its thoughts on that role, although the company did respond to hacking incidents that appeared to target Tunisian activists. (See Alexis Madrigal’s account in The Atlantic.) However, Facebook has insisted that the actions it took in that case were about security and not about politics.In China, it will be more difficult to separate these intertwined questions of security, free speech and politics, and as such, the waters may be particularly treacherous for Facebook as it works to balance its push to connect the whole world and to do so under the banner of “open.” Guide to Performing Bulk Email Verificationlast_img read more