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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

HC orders fresh elections in three months

Dr. Rumi F. Beramji Mumbai: In a jolt, the Bombay High Court has directed the state government to hold elections to the Maharashtra Council of Acupuncture (MCA) - which is managed by an Administrator for past three years – within three months, here on Friday. A division bench of the Bombay High Court (Aurangabad Bench) comprising Justice Ajit Kadethankar and Justice Vibha Kankanwadi were disposing off a petition filed a senior medical practitioner, Dr. Laxman Bhimrao Sawant through his...

HC orders fresh elections in three months

Dr. Rumi F. Beramji Mumbai : In a jolt, the Bombay High Court has directed the state government to hold elections to the Maharashtra Council of Acupuncture (MCA) - which is managed by an Administrator for past three years – within three months, here on Friday.   A division bench of the Bombay High Court (Aurangabad Bench) comprising Justice Ajit Kadethankar and Justice Vibha Kankanwadi were disposing off a petition filed a senior medical practitioner, Dr. Laxman Bhimrao Sawant through his lawyer Sharad V. Natu, seeking different reliefs.   These included alleged serious irregularities in the functioning of the MCA and challenging the continuation of the Administrator for a prolonged period pending the elections. The matter was highlighted in detail by  ‘ The Perfect Voice’   on April 21.   Strong Observations In its order uploaded today, Justice Kadethankar and Justice Kankanwadi noted the petitioner’s contentions that the Administrator, Dr. Rumi F. Beramji was appointed for only one year, and that period is over.   “It should be the endeavour of the State to implement the various provisions of the Act, that is, the Maharashtra Acupuncture System of Therapy Act, 2015. Holding of elections and formation of the council as per Section 3 of the said Act should be adhered to by the State Government and it cannot be then postponed in infinity,” said the court.   Accordingly, Justice Kadethankar and Justice Kankanwadi directed the state government, through the Medical Education & Drugs Department (MEDD) to conduct the MCA elections within a period of three months.   Prolonged Tenure Among other things, the petitioner had termed the appointment and prolonged tenure of former MCA Chairman Dr. Rumi F. Beramji as “illegal and arbitrary,” and detrimental to the cause of Acupuncture.   Elected as the inaugural head (May 2018-May 2023) of the five-member statutory body, Dr. Beramji, was subsequently appointed its Administrator after the MCA’s term expired.   Adv. Natu pointed out that the Administrator’s appointment was intended to be a stop-gap arrangement for one year to facilitate the polls, but it was subsequently ‘extended’. However, nearly three years later, Dr. Beramji continued without fresh elections being conducted, raising questions over adherence to statutory norms and principles of governance.   Directionless Members Dr. Sawant further contended that while Dr. Beramji was installed as Administrator, the remaining members of the council were effectively superseded, leaving the regulatory body without its mandated collective structure, and over 6500-members directionless.   He argued that the excuse cited for delay in conducting elections was ostensibly an incomplete voter list, but this reason was flimsy considering the extended time lapse.   The petition, which was heard and disposed of on April 22, also levelled serious allegations against the style of functioning of the MCA Administrator, decisions were taken unilaterally, whimsically and without transparency or institutional accountability.   Selective Targeting It also made accusations of ‘selective targeting’ of certain prominent members who attempted to raise valid issues, including the globally-renowned noted acupuncture expert Dr. P. B. Lohiya of Chhatrapati Sambhajinagar.   Other members raised doubts over approvals granted to more than a dozen acupuncture colleges and some two dozen Continuous Acupuncture Education (CAE) centres in undue haste, purportedly in violation of prescribed norms and alleged shady deals. Many of these institutions, it was claimed, either exist only on paper or lack essential infrastructure, faculty and facilities.   The petitioner called for a comprehensive review of the Administrator’s tenure, a financial audit of the MCA's affairs, and an independent probe by the MEDD into the approvals granted to the institutions in recent years.   Dr. Sawant had sought quashing Dr. Beramji’s appointment as MCA Administrator and setting aside all policy decisions taken during his tenure in the last three years, and ordering the government to hold elections to the body.

BJP’s massive mandate delaying govt formation

Updated: Nov 29, 2024

BJP

Mumbai: Contrary to popular perception that the clear majority to Mahayuti has made the way for government formation in Maharashtra easy, the huge mandate to the BJP is actually delaying the process of government formation in the state.


DCM Devendra Fadnavis left for Delhi on Monday where he is likely to have a meeting with union home minister Amit Shah and the detailed program of government formation is likely to be chalked out. However, the key procedures like election of state BJP legislature party leader are yet to be taken place and hence, even if the nitty-gritties of government formation are finalized tonight it will take at least two more days to complete the mandatory procedures.


The biggest hurdle in government formation as of now is the power sharing formula. When the Mahayuti government came to power in the state in 2022, the BJP shared power equally with the Shiv Sena under Eknath Shinde. Though they were almost twice the strength of Shiv Sena in the house, the number of ministerial posts shared between the two parties were equal. In 2023, when NCP under Ajit Pawar joined in, the power sharing formula didn’t change and all the three parties had equal number of ministerial berths in the government.


The BJP had accepted the equal sharing of power with the allies to be able to form the government and keep it running back then. However, the massive mandate of 132 seats to BJP has changed all equations now. State BJP president Chandrashekhar Bawankule hinted at a possibility, on Monday, when he warned Uddhav Thackeray of the Shiv Sena (UBT) that if they continue to target Devendra Fadnavis their strength shall further reduce to 2 from the current 20. This is also being interpreted as a veiled warning to the Mahayuti allies that if the power sharing formula is not agreed to, the BJP can once again go in for generating split within opposition parties and attain simple majority easily.


While senior state BJP office bearers, including Bawankule, have been saying that they see no problem in formation of the government, they were not forthcoming on explaining the exact reasons behind the delay in government formation. The Shiv Sena and the NCP have conducted the meetings of the newly elected MLAs and chosen their respective legislature party leaders. However, the BJP seems to be in no hurry to even decide upon the date of such a meeting. Bawankule has announced party's new target of having 1.5 crore new members and has even started mobilizing party apparatus for that by planning extensive meetings of district heads and the 'vistarak's that were sent out to 130 assembly constituencies. However, he hasn't yet announced the date for legislature party meeting. When asked about it, he said, "What is the need to hurry. We are firmly in the saddle. We have numbers on our side. No other party will be able to form government in the state and hence we are taking our time to do so."


Party insiders, however, suggested that the whole power sharing formula is being re-drawn. Apart from the ministerial posts, posts of guardian ministers and existing state-owned corporations, the formula to share local bodies and over a couple of dozen new corporations that were announced just prior to elections too are being considered while devising the new power sharing formula.


In the past two and half years of the government under Eknath Shinde, the Mahayuti had witnessed bitter fights over guardian ministership and other posts. Hence every possibility is being considered before finalizing the formula, sources said.

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