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Decode Politics: Curious case of 2018 Sena constitution – at heart of Speaker, EC rulings against Uddhav faction | Mumbai News

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While giving his decision on January 10 that the “real Shiv Sena” at the time of the party’s split on June 21, 2022, was the group led by Chief Minister Eknath Shinde, Maharashtra Assembly Speaker Rahul Narwekar maintained that the 1999 Sena constitution was the only “official” constitution to consider this question as it was submitted to the Election Commission (EC) by the party. Narwekar also ruled that the Sena’s 2018 amended constitution cited by the Uddhav Thackeray-led Sena (UBT), which gave him “unabridged powers”, was “not on record” before the EC and his office.

Clearly, not getting validation from the EC to the 2018 amended constitution turned out to be the “root cause” for Narwekar declaring the Shinde faction as the “real Sena” and rejecting the disqualification petitions against its MLAs.

The Speaker’s verdict also reignited questions within the Uddhav Sena over “poor handling” of the crucial matter by the party’s legal wing.

The Sena’s two constitutions (1999 and 2018 versions) and the Uddhav group’s issuing whips via WhatsApp messages to the Shinde faction legislators emerged as key factors in Narwekar’s ruling, but it was not for the first time that the 2018 constitution matter dealt a blow to the Uddhav Sena.

In its ruling on February 17, 2023, the EC had also recognised the Shinde faction as the “real Sena” and allotted it the undivided party’s name and symbol “bow and arrow”. While considering the 2018 constitution, the poll body underlined that it was “not on its records”. The Shinde group had called this party constitution “irrelevant” and “unconstitutional”.

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Here is a look at how the 2018 Sena constitution has been a key factor in the EC and the Speaker’s decisions against the Uddhav faction.

What powers Uddhav got through 2018 constitution?

The EC, in its ruling, stated that as per the 2018 amended constitution, the term of Paksha Pramukh (party chief) Uddhav Thackeray was set for a period of five years until

the next elections to be held in 2023. He was given “highest authority” in the party with his decisions in all matters concerning its policy and administration stipulated to be final.

Among his other “unabridged” powers, the EC noted, the Paksha Pramukh was given the right to dissolve the Rashtriya Karyakarini (national executive) of the party at any given time. He was also given the power to remove any member or office-bearer of the party.

What was EC ruling on 2018 constitution?

In its order, the EC decided that the “test of party constitution” advocated by the Uddhav group could not be relied upon, as it held that the amended 2018 constitution was “not on record of the Commission” and thus the “test of majority in organisational structure of political party was inconclusive”. Therefore, the poll body decided to rely on the “test of majority” in the legislative wing of the undivided Sena, which favoured the Shinde faction.
The EC also held that the 2018 constitution on which the Uddhav group had relied on was “undemocratic”, stating that it had “undone the act of introducing democratic norms in the agreed party constitution of 1999” which was brought by late Balasaheb Thackeray at the poll body’s insistence.

The EC also said the 2018 constitution conferred “widespread powers of making organisational appointments” to a “single person”. “Thus, the undemocratic norms of the original Constitution of Shiv Sena, which was not accepted by the Commission in 1999 have been brought back in a surreptitious manner further making the party akin to a fiefdom,” it noted.

What was SC mandate for Speaker?

The SC Constitution Bench, in its May 11, 2023 order, had said that in arriving at the decision in disqualification proceedings against the MLAs of the two Senas, the Speaker shall decide which faction was the “real Shiv Sena” and while doing so he shall consider the version of the party constitution submitted to the EC with consent of both factions.

The SC also ordered that if the rival groups submit two or more versions of the party constitution, the Speaker must consider the version submitted to the EC before the rival factions emerged. “In other words, the Speaker must consider the version of the party constitution which was submitted to the ECI with the consent of both factions. This will obviate a situation where both factions attempt to amend the constitution to serve their own ends,” the SC noted

What did Speaker rule about 1999 constitution?

Deciding on the issue of the relevant party constitution, Narwekar held that the Sena (UBT)’s submission calling for the amended 2018 constitution to be taken into account cannot be accepted. The last party constitution submitted to the EC before the rival groups emerged was in 1999, he said, adding that no 2018 amended constitution was on the EC’s record, and hence he had to rely on the 1999 document. “I am bound to follow directions of SC to take into account the constitution provided by the EC,” his order said.

Another key question before the Speaker was that as per the 2018 Sena leadership structure, whether the decision of the Paksha Pramukh was synonymous with the “will of the political party”.
Narwekar stated that the 1999 constitution provided that the Rashtriya Karyakarini would be the “highest authority” of the party and that Paksha Pramukh was only a presiding member of the highest authority and “in no way/ is the sole repository” of its “decision making”.

However, the 2018 constitution had stated that Paksha Pramukh’s decision was “final” as he was the “highest authority” in the party.
The Speaker held that Paksha Pramukh did not have any power to remove any party leaders, so “(Uddhav) Thackeray’s submission that he had removed Shinde from the post of Shiv Sena Leader cannot be accepted”.

So, the Speaker said, the Uddhav group’s submission that the decision and will of Paksha Pramukh was synonymous with the will of the party “cannot be accepted”.

He held that the 2018 leadership structure was not in conformity with the 1999 constitution.
In light of this, Narwekar also ruled like the EC that the legislative majority would be the factor to determine the

“real Shiv Sena”. So, he also held that the Shinde faction, which had a legislative majority with 37 out of 55 party MLAs, was “the real political party” when the rival factions emerged.

What was Uddhav Sena reaction to Speaker order?

On its part, the Sena UBT has been claiming that it had submitted the 2018 amended constitution to the EC in March 2018.
“All the documents pertaining to the 2018 amended constitution were submitted to the EC and we had got acknowledgement receipt from the poll body” Uddhav Sena MLC Anil Parab said.

Parab also claimed, “Even earlier, when amendments were made to the party constitution in 2013 after Shiv Sena Pramukh Balasaheb Thackeray’s death, which declared Uddhav as Paksha Pramukh, that was also submitted before the EC.”

The Sena (UBT) has now approached the SC to challenge the Speaker’s decision.





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Circle to Search: Share part of your screen!

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According to recent reports, Circle to Search, a feature introduced with the Samsung Galaxy S24 series in January 2024, might soon undergo an upgrade. Initially allowing users to copy text from selected areas, it’s now rumored to include the capability to capture and share screenshots of specific screen sections.

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Discounted OnePlus Nord CE 3 price in India: Check it out!

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The OnePlus Nord CE 3 has recently undergone another price reduction in India, marking a significant update for potential buyers. Initially introduced to the Indian market in June 2023, this smartphone received its first price adjustment in November of the same year. The base variant, featuring 8GB of RAM and 128GB of internal storage, was notably listed at a price Rs. 2,000 lower than its launch price, signaling OnePlus’s commitment to providing competitive pricing to its customers.

The OnePlus Nord CE 3 is powered by an octa-core Qualcomm Snapdragon chipset and ships with the Android 13-based operating system. It boasts a triple rear camera setup, enhancing its photography capabilities, and supports SuperVOOC charging, ensuring rapid replenishment of its battery. The inclusion of these features positions the Nord CE 3 as a compelling option for smartphone enthusiasts seeking a balance between performance, affordability, and innovation.

The recent unveiling of the OnePlus Nord CE 4 in India marks the continuation of OnePlus’s commitment to delivering cutting-edge technology to its users. Serving as the successor to the Nord CE 3, the Nord CE 4 is expected to build upon the strengths of its predecessor while introducing new enhancements and features to further elevate the user experience.

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Let’s delve deeper into the specifications and features of the OnePlus Nord CE 3 to understand its capabilities and appeal to potential buyers.

OnePlus Nord CE 3 Price in India (Revised)

The base variant of the OnePlus Nord CE 3, featuring 8GB of RAM and 128GB of internal storage, was initially launched in India at Rs. 26,999. Following its first price cut in November, the price was reduced to Rs. 24,999. Now, the same variant is available on Amazon at Rs. 22,990, representing a Rs. 2,009 reduction from its previous price. Furthermore, customers can benefit from an additional flat Rs. 2,000 instant discount on ICICI and HDFC Bank cards, bringing the effective price down to Rs. 20,990.

On the OnePlus India website, the 8GB + 128GB variant is priced at Rs. 22,999, marking a Rs. 2,000 decrease from the November price of Rs. 24,999. It is worth noting that this discount is exclusively applicable to the 128GB model, as the higher-end 256GB variant is currently listed as out of stock.

OnePlus Nord CE 3 Specifications and Features

Display:

The OnePlus Nord CE 3 boasts a 6.7-inch full-HD+ fluid AMOLED display with a resolution of 1,080 x 2,412 pixels. With a refresh rate of up to 120Hz, users can enjoy smooth and fluid visuals, enhancing their overall viewing experience.

Processor and Performance:

Powered by the Qualcomm Snapdragon 782G SoC, the OnePlus Nord CE 3 delivers robust performance and efficient multitasking capabilities. With up to 12GB of RAM and up to 256GB of onboard storage, users can seamlessly navigate between apps and store their multimedia content with ease.

Operating System:

The smartphone ships with Android 13-based OxygenOS 13.1, providing users with a clean and intuitive user interface coupled with a plethora of customization options. OxygenOS is known for its smooth performance and timely software updates, ensuring that users stay up-to-date with the latest features and security patches.

Camera:

The OnePlus Nord CE 3 features a versatile camera setup, comprising a 50-megapixel primary sensor with optical image stabilization (OIS) and electronic image stabilization (EIS) support. Accompanying this primary sensor is an 8-megapixel sensor with an ultra-wide-angle lens and a 2-megapixel macro shooter, allowing users to capture a wide range of subjects with stunning detail and clarity. On the front, the device houses a 16-megapixel sensor for high-quality selfies and video calls.

Battery and Charging:

Equipped with a robust 5,000mAh battery, the OnePlus Nord CE 3 offers ample battery life to power through a full day of usage. Additionally, the device supports 80W wired SuperVOOC charging, enabling users to quickly replenish the battery and minimize downtime.

Connectivity:

The OnePlus Nord CE 3 supports a comprehensive range of connectivity options, including 5G, 4G LTE, Wi-Fi, Bluetooth 5.2, NFC, GPS, and USB Type-C. Whether it’s streaming multimedia content, browsing the web, or staying connected with friends and family, users can rely on the Nord CE 3 to deliver seamless connectivity and performance.

Security:

For enhanced security, the OnePlus Nord CE 3 features an in-display fingerprint sensor, allowing users to conveniently unlock their device with a simple touch. This biometric authentication method adds an extra layer of protection to safeguard sensitive data and personal information.

Conclusion

In conclusion, the OnePlus Nord CE 3 offers a compelling combination of performance, affordability, and innovation, making it an attractive choice for smartphone enthusiasts in India. With its recent price reduction and competitive specifications, the Nord CE 3 presents a compelling value proposition for consumers seeking a high-quality smartphone experience without breaking the bank. As OnePlus continues to innovate and introduce new features with each iteration, the Nord CE 3 stands as a testament to the company’s commitment to delivering exceptional devices tailored to the needs of its users.

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