26 May

Vote Cast By Lawmaker Prior To His Conviction On Same Day Cannot Be Termed Invalid : Supreme Court

first_imgTop StoriesVote Cast By Lawmaker Prior To His Conviction On Same Day Cannot Be Termed Invalid : Supreme Court LIVELAW NEWS NETWORK18 Dec 2020 9:55 PMShare This – xThe Supreme Court on Friday held that a vote cast by a lawmaker prior to his conviction in a criminal case on the same day cannot be termed as invalid.A bench led by the Chief Justice of India observed that holding a legislator disqualified even before he was convicted “would grossly violate his substantive right to be treated as innocent until proven guilty”. The bench said that it was…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 Friday held that a vote cast by a lawmaker prior to his conviction in a criminal case on the same day cannot be termed as invalid.A bench led by the Chief Justice of India observed that holding a legislator disqualified even before he was convicted “would grossly violate his substantive right to be treated as innocent until proven guilty”. The bench said that it was deciding an “interesting but important question of far-reaching consequence”, which was :”Whether the vote cast by a Member of the Legislative Assembly in an election to the Rajya Sabha, in the forenoon on the date of election, would become invalid, consequent upon his disqualification,arising out of a conviction and sentence imposed by a Criminal Court,in the afternoon on the very same day?”The issue related to the the vote cast by then Jharkhand Mukti Morcha (JMM) MLA Amit Kumar Mahto in 2018 Rajya Sabha election at 9.15am prior to his conviction and sentence at 2.30pm on March 23 in a case relating to unlawful assembly, mischief etc.Pradeep Kumar Sonthalia, the BJP candidate who lost the Rajya Sabha election by a single vote, challenged the election result arguing that Mahto’s vote should not have been counted as he incurred disqualification on the same day due to the conviction in the criminal case.The Jharkhand High Court agreed with Sonthalia to hold that Mahto’s vote should not have been counted on account of the disqualification. However, the High Court refrained from declaring Sonthalia as the winner observing that the election to the Council of States by a system of proportional representation by means of single transferable vote is a highly complex, technical issue and hence it was not possible for the Court to find out whether the he could have won the election, if that one vote had been rejected.Challenging this verdict, Sonthalia approached the Supreme Court. Another returned candidate,Dhiraj Prasad Sahu, also moved the top court aggrieved with the High Court findings that the vote of Mahto was invalid.The top court disagreed with the High Court finding that the vote was invalid.”To say that this presumption of innocence would evaporate from 00.01 A.M., though the conviction was handed over at 14.30 P.M.would strike at the very root of the most fundamental principle of Criminal Jurisprudence”, stated the judgment penned by CJI SA Bobde.”Inasmuch as a conviction for an offence is under a penal law, it cannot be deemed to have effect from a point of time anterior to the conviction itself”, the judgment added.The bench observed that the disqualification under Section 8(3) of the Representation of Peoples Act was a consequence of the conviction and that a consequence can never precede the cause.”The disqualification arising under Section 8(3) of the Act, is the consequence of the conviction and sentence imposed by the criminal Court. In other words, conviction is the cause and disqualification isthe consequence. A consequence can never precede the cause”, the judgment said.The bench, also comprising Justices V Ramasubramanian and AS Bopanna, observed that accepting the appellant’s submission would require the court to construe the statutory scheme as intending something startling i.e.positing that the consequence precedes the cause.”This would be reducing this provision to absurdity and require Courts to hold that a consequence can precede its cause, but according to the learned counsel this is the intended effect of the provision since it states thata convicted person shall be disqualified from the date of his conviction. But we do not agree”, the judgment said.”In our view to hold that a Member of the Legislative Assembly stood disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proven guilty”, the Court stated. Referring to the legal provisions, the bench said that the consequence of such disqualification is that the seat becomes vacant and a Member of the Legislative Assembly who has become disqualified and whose seat has become vacant is not entitled to cast his vote for electing a representative from his State. Rejecting the submission of Sonthalia that on the date means on the whole of the day as was held in 1968 verdict of the top court in Pashupati Nath Singh versus Harihar Prasad Singh on the issue of rejection of nomination papers during scrutiny by the returning officer, the bench said that the said verdict hardly supports his contention. In fact, Pashupati Nath Singh can be said to be a mirror image or the converse of the case on hand. In the case on hand the period of commencement of an event is in question, while in Pashupati Nath Singh the period of conclusion was in issue . “The fallacy of the argument of the appellant that wherever theword “date” is used in a Statute, it should be understood to relateback to 00:01 a.m. can be best understood if we apply the same to a reverse situation. If in a hypothetical situation, the conviction andsentence had taken place in the forenoon and Shri Amit Kumar Mahtohad cast his vote in the afternoon, the defeated candidate would nothave argued that the voting should be deemed to have taken place at 00:01 a.m”, the bench observed.”If the date on which scrutiny was taken up can be held to have ended at the time when the event of scrutiny was taken up, we should, by the very same logic, hold that the date of commencement of an event such as conviction and the consequent disqualification should also begin only from the time when the event happened” , the bench said. “Therefore, it is not possible to hold that the vote cast by ShriAmit Kumar Mahto at 9:15 a.m. on 23.03.2018 should be treated as invalid on account of the conviction and sentence passed by the criminal Court at 2:30 p.m. on the same day”, the bench concluded.Case DetailsTitle : Pradeep Kumar Sonthalia v Dhiraj Prasad Sahu and anotherCoram : CJI SA Bobde, Justices V Ramasubramanian and AS BopannaAppearances : Senior Advocates Mukul Rohatgi and K V Vishwanathan for the appellant; Senior Advocate Dr AM Singhvi for the respondnet.Click here to read/download the order  Next Storylast_img read more

29 Sep

Philips scheme replaces Aon Hewitt with PGGM as admin provider

first_imgThe €17bn Dutch pension fund of electronics giant Philips is to replace its pensions provider Aon Hewitt with PGGM as of 1 January 2016.In addition to pensions administration management, the new provider will also be tasked with policy and board support, according to PGGM, provider for the €156bn healthcare scheme PFZW.The current 10-year contract with Aon Hewitt is to expire at the end of 2015, the Philips Pensioenfonds said.PGGM indicated that the decision of the “leading” Philips Pensioenfonds was an important development in its multi-client strategy in the Dutch pensions market. Currently, PGGM provides various services to the industry-wide schemes for painters and decorators (Schilders), architects and private security (PPB), as well as the occupational scheme for doctors (SPH).In a joint venture with Rabobank, PGGM also carries out the administration of a defined contribution vehicle (PPI) for small and average-sized companies.A spokesman for PGGM said the new contract with the Philips scheme had been concluded for a five-year period.Jeroen de Munnik, institutional business chief at PGGM, said: “The combination of the company scheme that is known for its innovative approach and our expertise and experience on pensions management and board and policy support will create an excellent cooperation.”Jasper Kemme, chief executive at the Philips Pensioenfonds, said that, during the selection process, PGGM had shown itself to be a “very skilful and customer-friendly organisation”.At September-end, the scheme had 102,640 participants in total, including 14,175 employees and 57,320 pensioners.PGGM carries out the administration for 2.6m participants.BlackRock has been the pension fund’s asset manager since 2005.The management of the scheme’s indirect non-listed property was placed with BlackRock in 2013.A spokeswoman for the pension fund said the scheme’s contract with BlackRock had been concluded for an indefinite period.Aon Hewitt was unavailable for comment.last_img read more

20 Sep

Arsene Wenger defends price of football at Arsenal

first_imgArsene Wenger has defended the cost of tickets at Arsenal, insisting the board are keen to make them “more affordable” to fans. The BBC’s ‘Price of Football’ survey found that Arsenal sold the most expensive Premier League match-day tickets at £97. Meanwhile, a Bayern Munich supporters’ group has said it will not enter the Champions League fixture at the Emirates Stadium next week until five minutes into the game in protest at the ‘outrageous’ £64 their fans are being charged. Chief executive Ivan Gazidis was questioned at the AGM about the much-publicised pricing structure and was also defensive on the club’s stance. “Our focus is to develop our revenues,” he said. “The focus has been on our commercial revenues – we have never based our ticket prices solely on the fact there is high demand for our tickets, it is never an issue we have taken lightly. “We have sought to be balanced and responsible in our ticket pricing decisions. The facts are that the board has held general admission ticket prices flat for seven of the last 10 seasons, with inflation-only increases in the other three. “What that means is, in real terms adjusting for inflation, general admission ticket prices have fallen approximately 20 per cent since our move to the Emirates Stadium. “Almost no one gives up an Arsenal season ticket, our renewals were well in excess of 97 per cent and again with that demand we held ticket prices flat. Looking forward, we will continue to make ticket price decisions carefully and responsibly.” A pricing policy closer to that offered by Bundesliga clubs is something many supporters’ groups have clamoured for Premier League clubs to adopt in recent years, especially given the increasing television revenue now on offer. But Gazidis insists a lack of public funding for stadiums and infrastructure means English clubs cannot afford to follow suit. “It is difficult to make comparisons to Germany,” he added. “There is little acceptance here in England as there is in Germany for public funding of new stadiums, with a few exceptions. “We have to build our stadiums in this country through private finance, in Germany taxpayers are subsidising the match-going fans. We don’t have that luxury – there is always a balance we have to draw.” The ticket pricing issue was one of the main talking points at Arsenal’s annual general meeting on Thursday morning, with the BBC survey also finding that the Gunners sold the most expensive season tickets in the English top flight as well. But Wenger is determined to see prices driven down and feels his club have done well in recent years to freeze their prices. “It is my job to do that,” he said when asked at his pre-match press conference if Arsenal offered value for money with their ticket prices. “Overall I feel that we have made a conscious effort in our board meetings to block the increase of our tickets and in seven of the past 10 years we have not increased our prices. “Overall there is a desire on our board to stabilise (prices) and make the tickets more affordable for people. Is football more expensive? Yes, but Saturday or Sunday if you want to go to rugby you will see the tickets are expensive there as well. It is maybe part of professionalism and a modern society.” That will come as little consolation to Munich fans as FC Bayern Worldwide announced on Twitter its plans to boycott kick-off of the German side’s crunch Champions League game in north London on Tuesday. “To protest @Arsenal’s outrageous ticket prices, we won’t be entering the away bloc (sic) for the first 5′ to show what the future of football is,” the group posted on Twitter. “If @Arsenal want to charge £64 for the cheapest ticket, they can expect quiet stadiums and empty seats. That’s what they’ll get a taste of.” Press Associationlast_img read more

6 Aug

SCJ Alliance Partners With Rebuilding Together – Benefiting Both Recipients And…

first_imgSubmitted by SCJ AllianceVolunteers Jean and Amy spruce up the trim paint on the home chosen by Rebuilding Together’s partnership with SCJ Alliance.Few endeavors are as satisfying as encouraging hearts, providing hope and delivering assistance to grateful recipients. Our experience with Rebuilding Together has been one of the highlights of the year and a real opportunity to support the community and the valuable people in it.Rebuilding Together believes in a safe and healthy home for every person. To that end they rally volunteers and resources for home rehabilitation projects. They provide free maintenance and repairs to less-advantaged homeowners in Thurston County.The project assigned to the SCJ Alliance team involved upgrades to a local widow’s home in need of cosmetic and structural maintenance. And we couldn’t have had a more grateful recipient.At 8am more than a dozen SCJ volunteers arrived wearing their best Saturday morning yard-work clothes. Our team quickly downed the complimentary coffee and muffins, signed forms, donned our soon-to-be dirtied Rebuilding Together t-shirts and assembled for a quick outline of the day’s activities.It takes a special person to develop young volunteers into a fluid, efficient work force. Those of us who had included our children wondered how they would take to the experience.  Rebuilding Together Project Coordinator Diane Springer did an outstanding job of not only organizing us, but making the three teenage boys feel welcomed and valued.Even the youngest volunteers were able to pitch in and help with the projectDiane introduced us to the owner, identified our skills, created work groups and assigned tasks. Soon power tools were humming, weed-eaters buzzing, bodies straining and team members laughing. From time-to-time, the delightful owner would insist we take a minute to eat a home-made sandwich or offer a vacuum, screwdriver or hammer.Flower beds soon appeared where they had been overgrown with grass and weeds. New fascia boards replaced decayed, barely hanging weathered trim. Bright red paint replaced flaking and absent color. Roof-lines were straightened and windows again slid open with ease.  In the water damaged hallway, new lights and ceiling tiles were replaced.One by one, each of the tasks were completed. Around noon a final pressure washing gave the home a fresh, Spring-clean look. Mission accomplished! Rebuilding Together’s mission, that is, of bringing together volunteers and communities to help low income homeowners live in warmth, safety and independence.As we rolled up the gear, we could hear the boys talking fondly of the tasks they had been given and the people they worked with. They grinned as they surveyed the now transformed yard and house. “That was fun!,” they said. We all had to agree.What made it special?  The volunteers, the people and especially the owner. Her gratitude was manifested in her constant smile and was emphasized in her parting comment as we drove away…. “Love you!”For information on how your team can have this experience, check out Rebuilding Together’s website, call 360-539-7830 or email [email protected] Facebook11Tweet0Pin0last_img read more

4 Aug

CN Volunteer Fire Co. to Host Fundraiser

first_imgColts Neck Volunteer Fire Co #2 will host its annual fundraiser, “Make it a Full House for Colts Neck Vol. Fire Co. #2’s Texas Hold ‘Em Tournament” at 6:30 p.m. Friday, Sept. 27. Assemblywoman Caroline Casagrande will serve as honorary chair, and will be attending the event.The fundraiser will take place in the Triple Crown Room at the company’s firehouse, 50 Conover Road. Players will participate in tournament-style play, with a $150 buy-in for advanced registration, and $175 at the door, with pay-out prizes for the top 10 finishers. A 50/50 raffle will also take place on the night of the event.“We’re all very excited to be re-introducing the Texas Hold ‘Em Tournament back into our fundraising plan,” says Art Raskin, event co-chair. “The event has been a huge success in past years, and we’re looking forward to making this our best year yet, with the addition of Assemblywoman Casagrande.”Funds raised at the event will go towards covering costs to maintain the firehouse and all of the mandatory equipment that is needed for the volunteer firefighters to continue doing their job effectively.For more information on advanced ticket purchase and event details, visit the event’s website at coltsneckfireco2.org or find them on Twitter @CNFireCo2 or Facebook by searching the event name.last_img read more

3 Aug

Leafs no match for defending KIJHL Champion Kimberley Dynamiters

first_imgSawyer Hunt played most of his minor hockey in Nelson.So it should come to no one’s surprise that the former Nelson Minor Hockey product would have something to say in a game between his new club, the Kimberley Dynamiters, and the Nelson Leafs.Hunt scored twice to lead the Nitros to a 4-0 Kootenay International Junior Hockey League victory over the Leafs Saturday night at the NDCC Arena.The loss, coupled with a 5-2 setback Friday in Fernie against the Ghostriders, drops the Leafs into fourth spot in Neil Murdoch Division standings. Nelson, tied with Grand Forks at 35 points, has played two more games than the Bruins.Hunt, who opened the game with a power play goal six minutes into the contest, put the visitors up by three goals by jamming home the puck during a goal mouth scramble with time running out in the second frame.The 3-0 lead was more than enough of a cushion for All-World goalie Tyson Brouwer in the Kimberley nets.Brouwer, the third-best backstopper in the KIJHL, stopped all 16 shots to register the shutout.Patrick Ostermann took the loss in goal for Nelson as the hosts were out shot 31-16 in the contest.LEAFS NOTES: Nelson travels to Castlegar Saturday for the first game of a home-and-home series against the Rebels. The rematch is January 29 in Nelson. . . . Nelson will wait until February before testing newly signed netminder Josh Williams returns to the lineup for the Leafs. Williams is currently re-habbing a knee injury that has kep the Alberta based netminder out of the lineup. . . . The Leafs were missing defenceman Kyle Chernenkoff. The Crescent Valley native suffered a concussion Friday in Fernie and was forced to leave the lineup until he’s given the clearance.last_img read more

14 Nov

Report: Real Madrid 4 Alaves 0

first_imgReal Madrid 4 Alaves 0: Ronaldo at the double as ‘BBC’ delight Dom Farrell Last updated 1 year ago 01:15 2/25/18 GarethBaleCristianoRonaldo - cropped Getty Images Karim Benzema turned jeers into cheers as Cristiano Ronaldo and Gareth Bale starred on a fine outing for Real Madrid’s ‘BBC’ against Alaves. Cristiano Ronaldo passed up the chance to complete a hat-trick and allowed Karim Benzema to wrap up a 4-0 win over Alaves with a late penalty as Real Madrid’s ‘BBC’ reunited to fine effect.Ronaldo struck either side of Gareth Bale’s strike 28 seconds into the second half, while Benzema recovered from an abject start to the match by assisting Los Blancos’ first two goals.Having heard his team-mate jeered earlier in the contest, the Portugal international then selflessly let Benzema convert an 89th-minute penalty after Victor Laguardia brought down a marauding Bale. Article continues below Editors’ Picks Lyon treble & England heartbreak: The full story behind Lucy Bronze’s dramatic 2019 Liverpool v Man City is now the league’s biggest rivalry and the bitterness is growing Megan Rapinoe: Born & brilliant in the U.S.A. A Liverpool legend in the making: Behind Virgil van Dijk’s remarkable rise to world’s best player The result means Madrid have won five consecutive matches in all competitions for the first time this season and Zinedine Zidane will draw particular encouragement from his headline attacking stars operating so brilliantly in tandem.A fourth consecutive LaLiga victory was ultimately too much to ask for a resurgent Alaves, who showed plenty more of the their encouraging form under Abelardo before being outgunned, Galactico-style.100 – Real Madrid are the first Spanish team to score 100 goals in all competitions this season. Hammer. pic.twitter.com/TPF424Bvsx— OptaJose (@OptaJose) February 24, 2018Alaves should have been behind in the 18th minute when Mateo Kovacic and Theo Hernandez orchestrated a lightning counter-attack, but the much-maligned Benzema lost his footing to skew wastefully wide and draw whistles from a section of the Madrid faithful.Benzema proved a more effective provider in the hosts’ next attack of note, skipping around Alexis and crossing for Bale to send a spectacular overhead kick just wide.The visitors grew into the game and Madrid goalkeeper Keylor Navas reacted sharply to thwart Alfonso Pedraza low down to his left.Bale failed to punish a poor clearance from Navas’ opposite number Fernando Pacheco at the other end, but Madrid led in the 44th minute.#[email protected] @Cristiano pic.twitter.com/Tg0rsvahMR— Real Madrid C.F. (@realmadriden) February 24, 2018After collecting a cute backheel from Benzema, Ronaldo turned to produced an assured left-footed finish and the five-time Ballon d’Or winner gestured towards his team-mate during the celebrations, seemingly asking for the crowd to show some appreciation.Benzema did indeed receive some warm cheers when he cut inside to fizz a shot over in first-half stoppage time, an attempt that came after Madrid failed to clear a corner and Navas patted away an Alexis strike at his near post.Alexis was culpable in a nightmare start to the second half for Alaves, Benzema snapping the ball off his toes.The Frenchman had Ronaldo and Bale charging forwards to his right and left. He elected to pick out Bale, who vindicated the decision by clipping a low shot past Pacheco.28 – Bale has scored Real Madrid’s fastest goal in second halves (28 seconds) since March 2004, Raúl at San Mamés (19 secs.) Gunner. pic.twitter.com/9GFJkSoQch— OptaJose (@OptaJose) February 24, 2018Madrid began slicing Alaves open at will and it was a surprise of sorts that it took until the 61st minute for goal number three to arrive. Bale swept a pass out to Lucas Vazquez on the right and Ronaldo timed his run perfectly to convert the Spain winger’s low cross for his 28th goal of the season.Lucas thrashed into the side-netting and was again denied the goal his efforts deserved 15 minutes from time, this time by the impressive Pacheco.Ronaldo’s no-look pass to Lucas was the sign of a man basking in a buoyant Bernabeu atmosphere and he judged the mood perfectly when he let Benzema arrow a spot-kick into the bottom-left corner and crown a redemptive outing.Madrid are now within four points of Atletico Madrid in second place, while Alaves have a 10-point buffer between themselves and the relegation zone in 16th. Key Opta Stats:- Karim Benzema provided two assists in a single LaLiga game for the first time since April 2016 against Getafe.- Benzema took his first LaLiga penalty as a Real Madrid player.- For the first time since November 20, 2010 (Sergio Ramos), a player different than Cristiano Ronaldo took a penalty for Real Madrid with the Portugal player still on the pitch.- Real Madrid’s ‘BBC’ all scored in the same game for the first time since April 2016.- Ronaldo (285) has surpassed Juanito (284) in LaLiga games played for Real Madrid .- Alaves were one of the LaLiga teams Cristiano Ronaldo had faced at Santiago Bernabeu failing to score a single goal. The remaining teams are now Leganes and Tenerife.- Madrid faced more shots on target (3) and their keeper made more saves (3) by half-time than in any other game at Santiago Bernabeu in LaLiga this season  read morelast_img read more

28 Oct

10 months agoMan City striker Gabriel Jesus sets sights on displacing Aguero

first_imgMan City striker Gabriel Jesus sets sights on displacing Agueroby Freddie Taylor10 months agoSend to a friendShare the loveGabriel Jesus is desperate to replace Sergio Aguero as Manchester City’s first choice striker.The 21-year-old has struggled for form since his close-knit family returned to Brazil after their UK holiday visa expired 18 months ago.But after scoring four in Wednesday night’s 9-0 win over Burton Albion, Jesus feels he’s back in form.”I’ve already forgotten the problems of last year and I’m really happy now,” he said. “My family is going back to Brazil, unfortunately, but that’s an issue just at home, not on the pitch.”I’ve had amazing days beside them, I’m grateful for the family I have, they are always beside me and allowing me just to focus on football.”I’ll miss them, obviously, but I’m mentally stronger now and I just want to play well, score goals and help the team.”He added: “Sure (I can do it) like when I first came here,” he told Esporte Interativo. “I’ve always respected and will always respect Sergio and the manager’s decisions, but it’s up to me to pursue a place in the team.”I try to show on a daily basis, training hard trying to get into the first XI.”I know Sergio is having an amazing season, but I’m here able to help whenever they need me.”I haven’t played a lot on Premier League this season and I want to help.” About the authorFreddie TaylorShare the loveHave your saylast_img read more

28 Oct

9 months ago​Liverpool defender Matip could return for Brighton

first_imgAbout the authorAnsser SadiqShare the loveHave your say ​Liverpool defender Matip could return for Brightonby Ansser Sadiq9 months agoSend to a friendShare the loveLiverpool could be about to get a boost as Joel Matip nears his return from injury.The centre-back is back in training, which means he is in contention to start against Brighton on Saturday.But the Reds will still be without Dejan Lovren, who is not yet fit.Asked about Lovren’s absence, Klopp said in his press conference: “I don’t know [how long]. Yes, it is serious otherwise he could play [against Brighton] but it’s not that serious.”I would expect him back maybe after Crystal Palace but I’m not sure we have to see.”Joel [Matip] trained for the first time yesterday with the team.”That is really good but we have to see. We have to take it day-by-day and see how he is doing but that is good for us of course.” last_img read more

28 Oct

24 days ago​Vertonghen coy on Tottenham plans as free agency looms

first_img​Vertonghen coy on Tottenham plans as free agency loomsby Freddie Taylor24 days agoSend to a friendShare the loveTottenham defender Jan Vertonghen is coy regarding his future at the club.The Belgian centre-back has been a stalwart for the club in the past few seasons.But with his contract running out at the end of the campaign, there is no sign of him renewing.And the 32-year-old is coy on his future.”I’d prefer not to go into that, but there is always movement there, of course,” Vertonghen said when quizzed about his future by reporters.”It’s my eighth season and I’m feeling great. Maybe the results didn’t come our way [at the start of the season], but they were tough away games and you always have to see how you bounce back from that.”[My future is] not a distraction. I’m very aware of my age. I feel fairly young. It doesn’t distract me. I want to play as many games as possible. I’m very ambitious and I feel I’ve got a few good years left at the top level.” TagsTransfersAbout the authorFreddie TaylorShare the loveHave your saylast_img read more