Delhi HC asks Centre to hear affected persons before demolishing structures in Ajmer dargah
New Delhi (PTI): The Delhi High Court on Monday directed the Centre to give a hearing to affected persons before taking any precipitative steps, including dismantling and demolishing structures within and outside the premises of Dargah Khwaja Saheb in Ajmer.
The court also directed the Union Ministry of Minority Affairs to expedite the formation of Ajmer Sharif Dargah Committee.
"Let the same be done as expeditiously as possible," Justice Sachin Datta said.
The court said before taking any precipitative steps on the basis of authorities' November 22 order, the principles of natural justice shall be adhered to followed by an opportunity of hearing and a reasoned order shall be issued to each of the parties.
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The court was hearing a plea by Syed Meharaj Miya, a 'khadim' of the dargah, seeking quashing of an order issued by the ministry on November 22 for the removal of unauthorised, unapproved and illegal encroachments in the dargah premises.
The counsel for the Centre said there are illegal encroachments and temporary structures have been created in the courtyard in which people have put in tables and chairs. He said these people will bring their goods and sell them here which will cause obstructions to the devotees.
"There is a security concern. We are supposed to secure the place. A festival is going to be celebrated at the dargah this month and five lakh people are expected to visit," the Centre's counsel submitted.
To this, the court said, "What about compliance with principles of natural justice before you remove something. You cannot just go with a bulldozer and wipe everything out."
The court said on November 6 that had directed the government to expedite the process of appointment of the members of the dargah committee, preferably within three months.
"You can't sit on it. I gave you three months, that does not mean you will do it on the 90th day. Till then if you want to take any precipitative step, you have to give an individual notice to the person concerned," the judge said.
The petitioner's counsel contended that the authorities have ordered sweeping administrative action infringing upon the fundamental rights of a large section of persons.
He said the impugned actions are sought to be taken in utter denial of the principles of natural justice without even affording an opportunity of hearing to the affected parties.
The court listed the matter for further hearing on February 23.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
