Interview | ‘Government Has Only One Plan – to Help Adani’: Jyoti Gaikwad on Family, Dharavi and a ‘Takeover’

‘The government made the land available to Adani at a throwaway price. Why did that happen?’

Mumbai: Since the early 2000s, the redevelopment of Dharavi, one of the largest slum regions in Asia, has remained a politically contentious issue. In 2022, the Maharashtra government awarded the Dharavi redevelopment project to the Adani Group, bringing the issue back to the forefront.

In the backdrop of the upcoming Maharashtra state assembly election, The Wire met with the Congress candidate who was on a door- to-door election campaign in the area. Jyoti Gaikwad, an Ayurvedic doctor by profession and the younger sister of Member of Parliament Varsha Gaikwad, is making her debut in electoral politics. Just months before the elections, Jyoti, who had taken her husband’s last name after marriage, got her name officially reversed to Gaikwad just so that locals associate her with her family’s legacy. 

Jyoti, in the interview, claimed that by handing over the redevelopment project to Adani, the Mahayuti government has virtually rendered the residents of Dharavi homeless. She also spoke about her family’s contribution in the region, the alternative plans that the Mahavikas Aghadi (MVA) has for Dharavi, and the long-standing Maratha reservation issue.

Excerpts from the chat are as follows.

You are contesting elections for the first time. Unlike your father (Eknath Gaikwad) and sister (Varsha Gaikwad) you haven’t been actively involved in politics. Also, you have not really lived in Dharavi. How familiar are you with Dharavi and its issues?

My father has been a Member of the Legislative Assembly from this constituency for three times and an MP, four times. My sister Varsha tai too has got elected from here four times. Although I have not had an active part in politics, Dharavi and its issues have been an integral part of my growing up. So nothing about it feels new. The Gaikwad family has had a long relationship with the region.

What according to you are the major concerns of the region?

There is only one right now. The takeover of the region by Adani. The government’s decision to hand over the redevelopment to Adani, along with a huge parcel of land in the Mumbai suburbs, have turned into a burning issue this election. 

The government’s sole reason to get Adani involved in the redevelopment (of Dharavi) was to throw the families who have lived here for close to half a century out of the place. His men have been visiting the region and are making tall claims but most of these claims are untrue. For instance, one of their claims – of building new structures on the 60-feet road for those who are eligible – can’t be farther from truth. That land belongs to Railways and rehabilitating people on railway land is not possible as it can never be privately owned. 

Note that only those who moved her before 2000 are considered eligible for rehabilitation. The rest aren’t. And even those eligible have no clarity about the exact place they would be rehabilitated to eventually.

The estimate says over seven lakh people are going to be declared ineligible and shunned out to suburban areas like Mulund, Bhandup, Kanjurmarg, Deonar Dumping Ground, Saltpan region in Mumbai suburbs, Madh and Malvani. Most of these are strictly non-developmental zones. But still, the government has gone all out to please a corporate honcho and hand over land in ecologically sensitive areas for building structures. 

Our question is why is the government so keen in throwing the locals away to faraway places. People don’t just live here but also earn their living by running their small but sustainable businesses. The ecosystem of the region is such that the businesses thrive only because people are so close to their workplaces. Throwing people out of here also means snatching away their means of livelihood. 

The government has been scheming for very long. We won’t let this materialise. 

Can you explain how exactly the government is making way for Adani group to take over this and adjoining areas?

The decision to hand over land to Adani Realty came over two and half years ago. Since then, the government has slyly handed over more and more land to Adani, finally making their intentions clear to us. The most recent Government Resolution (GR) was issued on October 4 this year, making more adjustments to the existing plan. And now, the Dharavi Redevelopment Project Private Ltd [Note: Adani Realty established a special purpose vehicle or SPV called DRPPL with the state government’s Dharavi Redevelopment Project Authority. Adani Realty owns 80% of DRPPL] has been acquiring more and more land outside Dharavi under the pretext of making rental arrangements for the locals here. 

What kind of plan is this where the locals will be uprooted from the region and their businesses destroyed?

Redevelopment of Dharavi isn’t a new thing. Since early 2000, talks have been taking shape and then fizzling out. Since the Adani group came in to picture, people say some concrete steps, although not in the favour of the people here, are taking place on the ground. Congress, and other MVA allies, they claim, have been dissuading them from participating in the survey. How true is this?

Nothing good will come out of this survey. Then why should we cooperate with them for it? It is not like people are against development here. Everyone here, including the Congress, wants people to have better housing and better living conditions. We want better roads and parks here. But in the existing plan, that is not possible. The government has only one plan – to benefit Adani. Why would we allow that kind of destruction?

So, does your party and the MVA have any concrete plans to offer the residents here?

A plan can be worked out without having to displace anyone or their businesses. We want to ensure that people stay closer to their place of business and their places of worship are also saved. 

For the past many days, surveyors have been visiting the region regularly. On one such occasion, I stopped them and asked them for their blue print. What is it that they want to offer people here? They had nothing. They either have no blueprint or are not making it public. Why are these surveys carried out without taking people into confidence, without telling them what is in the offing for them? This entire exercise has induced so much anxiety among the people here. 

The government made the land available to Adani at a throwaway price. Why did that happen? Salt pan land that acts as a barrier for floods in the city, were handed over to Adani. Why did the government not think about the environmental hazard this decision could pose for an already fragile region? 

They want to send the people of Dharavi to the Deonar Dumping Ground. People out there are dying of lung ailments; they are inhaling poisonous gases. Those people are moving out and looking for alternative accommodation and the government wants to throw people of Dharavi there. Why? Only because Adani wants this land. And because it is a strategically located region and Adani wants to build a BKC-2 here [Note: BKC is Bandra Kurla Complex, one of the thriving corporate zones in the city].

Also read: Ally Hopping, Assuaging Leaders: Maharashtra’s Seat-Sharing Troubles Reflect Changing Politics

Your candidature while for the Gaikwad family and your party was a natural one, your allies are not. Baburao Mane, of Shiv Sena (Uddhav Thackeray faction), who has been actively working in the region was upset with the decision to field you from the region and even went ahead and filed his nomination. Similarly, many party workers, including some from your own office have filed their nominations. Their allegation has been that that your family, like most from your party, has been promoting dynasty politics. What is your take? 

None of this is true. Eknath Gaikwad and Varsha tai have been winning from here for several decades. My father had once lost to Mane and Mane had distributed sweets only because he could win against my father. So, you can imagine what his intentions were. Besides that, all ally parties are here with me, campaigning for me door to door. We are all working together. 

What is your take on the long-standing demand for reservation for the Maratha community in the state?

Our leader, Rahul Gandhi, has been saying all along: Carry out caste census in the country and come up with policies and give reservation and shares as per the different community’s population and their social and educational condition. This ask is valid. We are not against any community seeking reservation. Just that it needs to be done systematically, on getting proper data in hand. 

After Haryana Win, Little Scope For BJP to Isolate Dominant Social Group in Maharashtra, Jharkhand

It would be difficult for the BJP to isolate Marathas and Scheduled Tribes in Maharashtra and Jharkhand, respectively.

Even though there is little scope for the Bharatiya Janata Party (BJP) to isolate any particular caste or social group in Maharashtra and Jharkhand as it did with the Jats in Haryana, yet the political commentators may be a bit reluctant in making poll prediction in these two states. The surprise result in Haryana may make them wise.

Notwithstanding this caution, the fact remains that the challenge ahead for the BJP is not so easy.
It is true, that the Marathas in Maharashtra, much like the Jats in Haryana, are numerically the most powerful social group. In Jharkhand, the Scheduled Tribes, with over 26% votes form the biggest social combination.

But it would be a bit difficult for the BJP to isolate Marathas and Scheduled Tribes in Maharashtra and
Jharkhand, respectively.

Outplaying the Jats in Haryana

In Haryana, the task cut out for the BJP was somewhat easy as it got an idea from the 2024 Lok Sabha
election that an overwhelming number of Jats were not going to vote for the saffron party. This actually happened in the state poll held four months later as around 53% of them voted for the Congress, almost double than those who threw their lot behind the BJP. The rest voted for Chautalas, who had lost their relevance, and independents.

In the 2019 Assembly election the BJP could not isolate Jats as they were also inclined towards the
Jannayak Janata Party of Dushyant Chautala with whom the saffron party was to make a deal later – Dushyant Chautala was made the deputy chief minister.

So, isolating, if not demonising, Jats this time was quite easy as JJP had grown weak and distanced itself from the BJP. The BJP went on to win Haryana with the support of OBC and other communities even though majority of the dominant Jat community voted for the Congress.

Demonising Yadavs in Bihar and UP

The saffron party has successfully demonised Yadavs in Bihar and Uttar Pradesh, especially in the former state because of long rule by a prominent leader belonging to this caste. Even today whenever chief minister Nitish Kumar’s Janata Dal (United) joins hands with the Rashtriya Janata Dal (RJD), the BJP machinery, with the help of a supportive media, starts evoking the bogey of the so-called “jungle raj”, that is the 15 years rule of Lalu Prasad Yadav and Rabri Devi (1990-2005). And the day Nitish returns to the National Democratic Alliance (NDA) fold the Mangal Raj is restored.

The most ironical aspect of the whole accusation is that while in NDA Nitish too would talk about the
Jungle Raj, but whenever he would form government in alliance with the RJD he would deny its existence.

The truth is that there was nothing like “jungle raj” then. In fact, the law and order situation was at
least better than in what it is in many states at the present, wherein former Maharashtra minister Baba Siddiqui and renowned Punjabi singer Sidhu Moose Wala were allegedly killed by shooters belonging to a notorious gang initially operating from Tihar Jail in the national capital of Delhi. Both of them were shot dead when they had security guards.

Contrary to this, in Bihar the entire BJP propaganda machinery would allege that people, in particular
women, were so tormented by the Yadav goons then that they would not come out of their homes after the sunset – a totally baseless propaganda.

BJP’s propaganda about ‘jungle raj’

Had it been Jungle Raj in those 15 years Patna would not have got the opportunity to host the Cricket World Cup match in February 1996 (it was spread to two days because of rain). As the match was played between Kenya and Zimbabwe many African students, who used to study in Bihar’s capital then, came to watch this match. One of the umpires was from Pakistan.

Three years before At the height of Mandal-Mandir tension in November 1993, Patna hosted its first
ever One Day International match. These were the only two cricket matches of international level held in
Patna during the time of the so-called “jungle raj”.

Jamshedpur, a prominent city of Bihar till November 15, 2000, was another such venue. Though cricket has grown in popularity since 1990s, the cricketing authorities had not given Patna any such opportunity in the last 28 years. This is so, notwithstanding the fact that Bihar is under the rule of “susashan babu” Nitish Kumar for the last 19 years.

In 1995, Patna hosted a conclave of Confederation of Indian Industries (CII) and an NRI conference.
Patna was decorated for these two events and they passed off without any untoward incident.

The then woman chief minister Rabri Devi decided to felicitated Karnam Malleswari, the Sydney Olympic bronze medallist in 2000. So, a woman CM had invited a woman weightlifter in Patna’s Moin-ul-Haq Stadium. Curiously, the function was organised in late evening, obviously after the sunset. And those who turned up included women too.

As a journalist I covered all these events. Many other international get-togethers took place in those
15 years.

At the same time it is a fact that Yadavs, like all the ruling castes elsewhere in other states, had
been a numerically dominant social group. This is the case with Thakurs or Rajputs in Uttar Pradesh now, Marathas in Maharashtra, Patels in Gujarat, Jats in Haryana, Reddys in Telangana, Lingayats and
Vokkaligas in Karnataka.

Exposing their misdeeds is one thing, but demonising them other. But the BJP thrives in demonising any particular community or caste to win election.

Dominant group quota agitations helped BJP

For example, in Haryana, the BJP, through its whisper campaign and spreading of rumours tried to
demonise Jats as if they had tormented all the other castes during past regimes. No doubt, the agitation
for reservation by Jats in 2016 was marred by violence in Haryana, but the same was the case with the
Patels’ demand for OBC quota movement in Gujarat in 2015 which led to the loss of several lives.

Marathas too are doing the same now. And the OBCs are resisting it.

But the moot question is: whether the BJP would be able to outcast Marathas and gang up the rest of the
castes, especially the backwards.

Perhaps not, because Eknath Shinde faction of Shiv Sena and Ajit Pawar faction of Nationalist Congress Party are essentially Maratha-based parties like Shiv Sena of Uddhav Thackeray and NCP of Sharad Pawar. So, here the BJP will have to do a lot of tight rope walking.

Unlike in Haryana, where the BJP and Congress won five Lok Sabha seats each, in Maharashtra the INDIA Alliance won 31 out of 48 seats.

BJP faces tough fight in Jharkhand

In Jharkhand too, the sail is not so smooth for the BJP after Jharkhand Mukti Morcha leader and Chief Minister Hemant Soren’s release from jail. With over 14 per cent Muslims and 26% tribal population it would not be so easy for the BJP to gang up the rest of the castes. It is true, the BJP in the past had created division within different tribes.

But the result of 2024 Lok Sabha election indicated that the Adivasis are solidly behind the JMM as the saffron party lost all the five ST reserved seats in the state. Chief minister Soren, no doubt, has got a lot of sympathy after his arrest.

Unlike in 2019, the BJP would be going to poll in alliance with the Janata Dal (United) as well as old ally All Jharkhand Students’ Union which has a considerable hold on Kurmi-Mahto votes. They have a substantial population in Jharkhand.

During the 2019 assembly elections in Jharkhand, the BJP had paid the price of isolating tribals by installing a non-tribal, Raghubar Das, as the chief minister of Jharkhand after winning the 2014
Assembly election. In the process, it united different Adivasi tribes.

However, the problem with the INDIA alliance comprising JMM, RJD and Congress here is that they could not win a single non-ST reserve seat in the Lok Sabha election in Jharkhand held five months back. Thus, they would have to cover a lot of ground here.

Soroor Ahmed is a Patna-based freelance journalist.

Uddhav Thackeray and Sharad Pawar Soar on a Sympathetic Surge in Western Maharashtra

Elections to the region hold significant importance as they will determine the true identity of the Shiv Sena and NCP, test the newly formed alliance, and have an impact on the upcoming assembly elections.

In the realm of Maharashtra politics, a distinct undercurrent has emerged – one that transcends party affiliations and resonates across the state.

It’s not a pro-Congress wave, nor is it a Sharad  Pawar or Uddhav Thackeray wave.

Instead, what we’re witnessing is an unmistakable anti-Bharatiya Janata Party sentiment. Conversations with people in western Maharashtra reveal a deep-seated dissatisfaction with the BJP’s divisive tactics. Voters hold the party responsible for the rift within the Nationalist Congress Party, and a similar sentiment extends to Uddhav Thackeray in the Konkan-Mumbai region. Interestingly, despite the party splits, a large number of the original NCP and Shiv Sena cadres remain loyal to Sharad Pawar and Uddhav Thackeray, respectively. However, there’s a palpable frustration among Shivsainiks (which is what Shiv Sena cadres are called) – they once revered the iconic bow-and-arrow symbol, but now it belongs to the Shiv Sena faction led by Eknath Shinde

Illustration: Pariplab Chakraborty

In Maharashtra, besides the sympathy waves after the spilt of Shiv Sena and NCP, a significant factor at play is that people prioritise local issues over national ones. In rural areas, there is palpable resentment toward the BJP, largely stemming from the agrarian crisis, fair pricing for crops, Goods and Services Tax on agricultural products, and the failure of factories to pay sugarcane dues. 

In discussions regarding the Maha Vikas Aghadi (MVA) and the National Democratic Alliance, both receive commendation, with particular praise directed towards the MVA for its crop loan waiver and effective handling of the COVID-19 crisis over the years. However, there are concerns  among voters regarding the NDA, primarily attributed to the BJP’s perceived role in fracturing regional parties. This messaging has not resonated well with the electorate.

For our case study, we’ll focus on three parliamentary constituencies: Baramati, Shirur, and Ratnagiri-Sindhudurg. 

In the upcoming third phase of the Maharashtra Lok Sabha elections, the spotlight falls on the Western Maharashtra region. On May 7, voters in this crucial battleground will head to the polls to elect their representatives. The stakes are high, with longstanding political dynasties and family feuds taking centre-stage. 


Western Maharashtra has long been a stronghold of the NCP, led by the influential Sharad Pawar. However, this time, the party faces an internal rift. The NCP has split into two factions: NCP (SCP) and NCP (Ajit Pawar). This has resulted in intriguing contests across the region. 

Baramati

One such seat in the spotlight is the Baramati parliamentary constituency. Here, Supriya Sule,  the incumbent Member of Parliament and daughter of Sharad Pawar, seeks re-election. In the 2019 elections, Sule secured victory by a substantial margin of 1.55 lakh votes, defeating her nearest rival from the BJP, Kanchan Rahul Kul.

However, this time, the dynamics have shifted. Instead of competing against an external opponent, Sule faces an internal family challenge. Ajit Pawar, the nephew of Sharad Pawar and a prominent political figure, has fielded his wife, Sunetra Pawar, as the rival  candidate. The contest has been dubbed “nanad versus bhabi (sister-in-law versus sister-in-law)” by the locals. 

In the lead-up to the elections, tensions have escalated. NCP (Shard Pawar)’s Rohit Pawar has accused Ajit of intimidating voters. Reports suggest that Ajit’s alleged threats  have not resonated well with the electorate either. Shivam, who is a doctor in the local hospital and a keen observer of Western Maharashtra politics, said, “Ajit Pawar has a history of  using strong-arm tactics. In the 2014 general elections, he reportedly warned voters to cast their ballots for the NCP, lest their water supply be cut off.” 

Amidst these allegations and family feuds, “there is a prevailing sentiment of sympathy for Sharad Pawar,” said Shivam. The veteran leader’s influence continues to play a significant  role, especially in Western Maharashtra. As voters head to the polls, the battle for Baramati remains a captivating chapter in Maharashtra’s political saga.  

Also read: Maharashtra: Dalit Ambedkarite Groups Announce Support for Opposition Coalition

Shirur

In the Shirur parliamentary constituency, there’s a big fight happening  between two groups of the NCP party. One group is led by Sharad Pawar, and the other by his nephew, Ajit. The current MP, Amol Ramsing Kolhe, is on Sharad’s side, while his  opponent, Shivajirao Adhalarao Patil , is supported by Ajit’s faction. 

What’s interesting is that even though many politicians have switched sides to join Ajit, Amol Khole has stayed loyal to Sharad. This has earned him sympathy from the locals, who see him as someone who sticks to his principles. 

Shivajirao Adhalarao Patil used to be enemies with Ajit, but has joined forces with him to defeat Amol Kolhe. This move has upset many people, who see it as a betrayal of family and political values.

Local journalists said that they have noticed that people are not happy with Ajit’s actions, especially his alliances with former enemies. 

When questioned about the transfer of votes from traditional Shiv Sena supporters to the NCP (Ajit Pawar) candidate in this constituency, the local journalist remarked that this does not appear to be occurring. However, when discussing the transfer of traditional Shiv Sena votes to the NCP (Sharad Pawar) candidate, he says it is indeed happening on a significant scale, likely due to sympathy for Uddhav Thackeray. Additionally, Uddhav held a large public rally in support of Amol Kolhe, the NCP (Sharad Pawar) candidate. 

The outcome of the election could have a big impact on Maharashtra’s politics. 

Also read: Farmer Concerns and Ego Hassles Figure in Second Phase of Maharashtra Polls

Ratnagiri-Sindhudurg

The Ratnagiri-Sindhudurg parliamentary constituency, situated in the Konkan region, is set to vote on May 7 and is widely regarded as a Shiv Sena stronghold. Vinayak Raut, representing  Shiv Sena (UBT), has served as the MP for two consecutive terms. However, the current electoral landscape presents him with a significant challenge, as the BJP has nominated former CM Narayan Rane as its candidate against Raut.

According to a local journalist, there is a prevailing sentiment among local residents that the Shinde faction of Shiv Sena has yielded to the BJP’s influence, a move that has not been well received by Shiv Sena supporters. The Konkani  community, renowned for its loyalty to Shiv Sena, also holds a substantial presence in Mumbai, where they traditionally align with the party due to their connection with the Thackeray family. 

Kiran Samant brother of Shiv Sena (Shinde) leader and cabinet minister Uday Samant, had been at the forefront for a ticket but this seat went to BJP in the seat-sharing deal. Kiran is very well known among people in this constituency and not giving the ticket to him, has not gone well with his supporters. One of his supporters said, “The party has betrayed Kiran Samant.”

Another factor working in favour of the Shiv Sena (UBT) is the recent statement made by BJP’s Narayan Rane regarding Maratha reservation. He openly opposed the draft proposal to grant Kunbi status to the Maratha community, which has irked the Marathas, who constitute the majority in this parliamentary constituency. 

The Maharashtra election holds significant importance for several reasons. It will determine the true identity of both Shiv Sena and NCP, test the newly formed alliance, and have an impact  on the upcoming assembly elections scheduled for later this year.

Aamir Shakil is a political researcher based in Delhi.

Panel Suggestions on OBC Quota in Maharashtra Local Bodies Can’t Be Taken After Election Notification: SC

A bench of Justices A. M. Khanwilkar and J. B. Pardiwala said it will not stop the poll process till it reaches its logical end and interfere only where it has not commenced

New Delhi: The Supreme Court on Tuesday, July12 said the suggestions of the commission appointed by the Maharashtra government on grant of OBC reservation in local bodies polls cannot be accommodated for the areas for which the election programme has already been notified.

A bench of Justices A.M. Khanwilkar and J.B. Pardiwala said it will not stop the poll process till it reaches its logical end and interfere only where it has not commenced.

“Issuance of notification itself is commencement of election. Dates can be altered but elections cannot be retrieved by the State Election Commission. Once the nomination process starts we cannot interdict. There is a constitutional bar,” the bench observed.

At the outset, counsel for one of the parties sought adjournment which was opposed by Solicitor General Tushar Mehta appearing for Maharashtra.

Mehta said the triple test has been complied with and the Backward Classes Commission has undertaken exhaustive exercise.

Also read: A Caste Census Is the Answer to the Impasse Over Political Reservations for OBCs

“In view of the letter circulated by advocate on record for petitioner, though request for adjournment has been objected to by the State, we defer the hearing till next Tuesday,” the bench said.

On May 4, the apex court had directed the Maharashtra State Election Commission (SEC) to notify the programme for local bodies elections within two weeks.

The top court on March 3 said it is “not possible” to permit any authority to act upon the recommendation made in the interim report of the state Backward Classes Commission which has said that up to 27 per cent reservation can be granted to the Other Backward Classes (OBCs) in the local bodies in Maharashtra, subject to the condition that the total quota shall not exceed 50 per cent limit.

In December last year, the top court had directed the SEC of Maharashtra to notify 27 per cent of seats in the local body, which were reserved for the OBCs, as general seats so that the poll process can be taken forward.

On January 19, the top court had directed the state government to submit data on OBCs to the commission to examine its correctness and make recommendations on their representation in elections for the local bodies.

The court had also asked the commission to submit the interim report to the authorities concerned in two weeks of receiving information from the state government.

In its application filed in the apex court, which is hearing pleas about the OBC reservation in local bodies in Maharashtra, the state had said that in the light of the interim report, the future election should be allowed to be conducted with OBC reservation.

(PTI)

Maharashtra: SC Stays Local Body Election on Seats Reserved for OBCs

The apex court made clear that the election process for the other seats would continue.

New Delhi: The Supreme Court Monday stayed till further orders the local body election in Maharashtra on 27% seats reserved for the Other Backward Classes (OBC).

The apex court made clear that the election process for the other seats would continue.

The top court passed the order while hearing two pleas, including the one assailing the provisions inserted /amended through an Ordinance permitting reservation for the category of backward class of citizens up to 27% uniformly throughout Maharashtra in the concerned local bodies.

“As a result, the State election commission cannot be permitted to proceed with the election programme already notified in respect of reserved seats for OBC category only in the concerned local bodies,” said a bench of Justices A M Khanwilkar and C T Ravikumar.

“The election programme of all the concerned local bodies in respect of reserved seats for category Other Backward Class shall remain stayed until further orders,” the bench said in its order.

The apex court observed that the issue had come up earlier before it and a three-judge bench had delivered judgement in which the court had noted the triple test to be followed before provisioning such reservation for the OBC category.

“To overcome the decision of this court, the impugned Ordinance has been issued by the state government and in compliance thereof, the State Election Commission has already notified the election programme which includes reservation for OBC on lines specified in the provisions mentioned in the impugned ordinance,” the bench said.

The counsel appearing for Maharashtra told the bench that the provision made in the Ordinance is in conformity with the decision of the apex court and it is only providing for reservation to category of backward class citizens up to 27%.

Observing that it is not impressed by this argument, the bench said that without setting up a commission or collating the empirical data to ascertain the extent of reservation required local government wise, it is not open to the State election commission to provide for reservation of OBC category.

That is the first step that ought to have been done, it said, while noting that the state government has constituted a commission in June this year.

The top court said that without waiting for the report and opinion, the state government hasten the process by issuing the Ordinance.

The bench also directed that the State election commission shall not notify reserved seats for OBC category for any future election to any local body, either mid-term or general election, as the case may be, until further orders of the apex court.

The bench posted the matter for hearing on December 13 along with the separate petition filed by Maharashtra which has sought direction to the Union government and other authorities to disclose to the state the SECC 2011 raw caste data of OBCs which has not been made available to them despite repeated demands.

During the hearing on the plea, the counsel appearing for the State Election Commission said that local body election has been notified and the nomination process would be closed on Tuesday.

“We will stay only the 27% election, rest of the election will continue,” the bench observed.

The state’s counsel told the bench then the OBC will remain unrepresented.

That is your problem. You have created this. You have to suffer. The judgement was very clear, the bench said.

The state’s counsel said the amendment is only clarificatory that it will be up to 27%.

He said the state has demanded data from the Centre and they have not got it yet.

Your political compulsions cannot be the basis to undo the judgement, the bench said.

In March this year, the apex court had said that reservation in favour of OBCs in concerned local bodies in Maharashtra cannot exceed aggregate 50% of the total seats reserved for Scheduled Castes, the Scheduled Tribes and OBCs taken together.

The apex court, while reading down section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act 1961 which provided 27% reservation for persons belonging to the backward class, had also quashed the notifications issued by the state election commission in 2018 and 2020 to the extent of providing reservation of seats in concerned local bodies for OBCs.

The top court had delivered the verdict on pleas seeking a declaration that section 12(2)(c) of 1961 Act is ultra vires the provisions of the Constitution.

It had referred to the triple condition noted in the Constitution bench verdict of 2010, including to set up a dedicated commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies within the state.

The other conditions were — to specify the proportion of reservation required to be provisioned local body wise in light of recommendations of the commission so as not to fall foul of overbreadth and in any case such reservation shall not exceed aggregate of 50% of the total seats reserved in favour of SCs/STs/OBCs taken together.

(PTI) 

EC Orders Probe Against Maharashtra CEO for Hiring BJP Activist to Handle Its Social Media

Devang Dave, a BJP youth wing activist was hired by the Maharashtra state election office to disseminate information about the 2019 state election.   

Mumbai: On July 23, activist and former journalist Saket Gokhale took to social media to allege that the Maharashtra chief electoral officer (CEO) had hired an advertising company that allegedly had a direct link with the BJP.

The company called Signpost India, Gokhale claimed, belonged to Devang Dave who is the national convener of IT & social media for BJP’s youth wing.

The post generated enough stir on social media and the Election Commission of India soon ordered for an inquiry into the Maharashtra CEO’s selection of Dave’s company. “Regarding tweet of Mr Gokhale @SaketGokhale, the commission has sought a detailed factual report in this matter from CEO Maharashtra with respect to the alleged locale of the incidence immediately,” the ECI spokesperson, Sheyphali Sharan, wrote on Twitter.

In a series of tweets, Gokhale had sought to show the direct link between Dave, BJP and the Maharashtra election office. According to the screengrabs posted, Dave had been closely involved in disseminating information about the 2019 state election.

Dave’s company had been hired to handle the Election Commission’s Systematic Voters’ Education and Electoral Participation (SVEEP). During the election, Signpost India was responsible for raising awareness about the election on the state election office’s social media pages, and through newspapers and hoardings to promote a healthy attitude among the electorate.

This raises concerns since Dave has a direct link with the BJP and is in fact an office-bearer of the party’s youth wing. Dave is also the national convener of the information technology (IT) and handles the social media cell of the BJP’s youth wing.

The state CEO has, however, claimed that during election, dissemination work is outsourced to a third-party company. “Whether or not the company is empaneled with the government is not such a big concern,” the official said.

But when asked if Dave’s direct association with the then ruling party was not concerning for the CEO, the official claimed that the work was “non-political” in nature. The official also added that several celebrities are roped in during elections and they may or may not have publicly associated with a political party.

Gokhale has meticulously looked at Dave’s company website, and pro-BJP websites like “The Fearless Indian” and the “I Support Narendra Modi” page and identified the identical agency address associated with each of them. He linked each of his tweets with Dave’s Facebook pages. The social media site makes it compulsory for political advertisers to disclose their identities, including the agency’s local address. That way, Gokhale was able to draw direct connections.

Also read: The Reputation of the Election Commission Has Been Severely Tarnished

Dave was contacted for his comment on the allegation but he did not respond.

“The address 202 Pressman House was also used by a digital agency called “Social Central”. This agency is owned by Devang Dave who is the national convener of IT & social media for BJP’s Youth Wing @BJYM. Guess who shows up on his client list on his website,” Gokhale asked on Twitter.

The Congress party has sought for an independent probe into the election and has accused the state election commission of “conflict of interest” by hiring a firm with direct links with a political party. The party’s spokesperson Sachin Sawant said the links have raised questions about how independent the Election Commission is. “An independent probe needs to be done into the matter immediately,” he said.

Maharashtra Live: Maha Vikas Aghadi Wins Gets 169 Votes in Floor Test

BJP staged a walkout.

Mumbai: The Uddhav Thackeray-led Maha Vikas Aghadi government of the Shiv Sena-NCP-Congress alliance will face a floor test in the Maharashtra assembly, when the house meets at 2 pm on Saturday.

The government is expected to have a smooth sailing in the floor test. On Sunday, the Assembly Speaker’s election will be held, followed by tabling of motion of thanks on the governor’s address in the House.

The Thackeray government has already promised relief to farmers and has stayed construction work on the Aarey metro car shed. Uddhav, the first from his family and the third from Shiv Sena to hold this post, will have a NCP deputy, though it is not clear if that will be Ajit Pawar.

The drama that began with Devendra Fadnavis being sworn in as the chief minister with Ajit Pawar as his deputy looks to culminate with the former taking up the role of leader of the opposition and the latter reprising the very post he resigned from on Tuesday.

BJP is, notably, the single largest party in the assembly with 105 seats. The Shiv Sena, NCP and Congress won 56, 54 and 44 seats respectively in the October 21 polls.

Follow live developments from Maharashtra in our blog below.

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Maharashtra: Here’s a Look at What the New Alliance Government Is Promising

The common minimum programme is seen as a “working solution” to bring three ideologically divergent parties on to a single platform.

Mumbai: The oath-taking ceremony for Maharashtra’s 19th chief minister, Uddhav Thackeray, was a show of grand opulence. The stage, the likes of which are usually seen only in movie sets, had it all – a flash of colours, magnificence and a display on King Shivaji. The stage was specially designed by Bollywood’s most sought-after set designer, Nitin Desai.

But hours before the grand event came a development that the three alliance members – Shiv Sena, Nationalist Congress Party and Congress – have been discussing for a while now: what their common minimum programme (CMP) will be.

What the government plans to do

One of the most contentious issues for the alliance was the CMP. Once before, since the three parties hadn’t been able to reach a consensus, the Shiv Sena had missed the chance to form government.

On November 28, hours before the oath ceremony, the parties announced their CMP. The CMP is seen as a “working solution” to bring three ideologically divergent parties on to a single platform.

Also read | One Battle Won But Several Others Remain for ‘Maha Vikas Aghadi’ in Maharashtra

The newly formed government, amid initial protests from the Sena, has promised to uphold secular values in the state. It also talks about an immediate loan waiver for Maharashtra’s farmers, a new law to ensure 80% reservation in jobs for Maharashtra locals, Re 1 health clinics in all talukas and a Rs 10 thali to provide affordable food to people.

“The alliance partners commit to uphold the secular values enshrined in the Constitution. On contentious issue of national importance as well as of state importance especially having repercussions/consequences on the secular fabric of the nation, the Shiv Sena, the NCP and the Congress will take a joint view after holding consultations and arriving at a consensus,” reads the preamble of the four-page document signed by signed by Uddhav, Patil and Thorat.

Uddhav Thackeray and his son Aaditya Thackeray (L) at the swearing in. Photo: PTI/Mitesh Bhuvad

The CMP specifically talks of revising the crop insurance scheme to ensure immediate compensation to farmers along with remunerative prices for farm produce. The CMP has also stated that construction of a sustainable water supply system for drought-hit areas will be undertaken. Farmers’ woes in the state intensified following unseasonal rain in October and early November that damaged standing crop on 93.89 lakh hectares of land, with 1.04 crore farmers suffering losses.

The coalition has also decided to form two committees, of which one will be set up to coordinate within the state cabinet, and the other to coordinate among the three allies.

The oath-taking ceremony

Uddhav’s swearing in on Thursday was a grand event. Earlier, the police had estimated that over 40,000 followers of the three parties – Shiv Sena, Nationalist Congress Party and Congress – were expected to attend the swearing in ceremony, but the crowd at the humungous Shivaji Park ground in central Mumbai exceeded the estimate. The police at the end of the event said the crowd almost touched one lakh.

Several karyakartas had travelled from across the state to attend the momentous day. Dinesh Wagh, a 35-year-old Shiv Sainik, had come from Nashik along with his family. He held a framed picture of party patriarch Bal Thackeray in his hand and raised slogans hailing the party. “Since my father’s time, we have been with the party. We were elated when Aaditya Thackeray (Uddhav’s son) was elected as an MLA. And when it was announced that Saheb will be the next chief minister, I did not want to miss out on such a historical moment,” he told The Wire.

Since Wagh does not have any relatives in the city and hotels in Mumbai are unaffordable, he said that he would be spending the night on the footpath outside the park.

Watch | Maharashtra: Shiv Sena and Its Allies Have Everything to Gain

The grandeur of the event, especially at a time when the state is reeling under a severe agrarian crisis, appeared over the top. But party workers of the alliance felt this was not merely a swearing in ceremony but also a show of strength, to let the opposition know that the parties are capable of running a stable government for the next five years.

On stage, besides the important state leaders of the three parties, were several politicians from across the country. Senior leaders of the Dravida Munnetra Kazhagam M.K. Stalin and T.R. Baalu had travelled from Tamil Nadu, Senior Congress leader and chief minister of Madhya Pradesh Kamal Nath was also present. Ahmed Patel, Kabil Sibal and the family of industrialist Mukesh Ambani were also in attendance. Several Bollywood and Marathi cinema artists also showed face. Among BJP leaders, former chief minister and now the leader of opposition Devendra Fadnavis and his close aide Chandrakant Patil too attended the ceremony.

(R-L) Congress’s Kapil Sibal and Mallikarjun Kharge, NCP’s Ajit Pawar and Praful Patel and DMK’s T.R. Baalu during the swearing in. Photo: PTI/Mitesh Bhuvad

Aaditya had specially flown to Delhi to invite Congress’s national leaders including Sonia Gandhi, Rahul Gandhi and former Prime Minister Manmohan Singh. In a letter expressing her inability to travel to Mumbai, Sonia wished Uddhav the very best in life and hoped that the new government would fulfil the hopes and expectations of people in the state. Singh wished Uddhav the best, and said his chief ministership was a “historic event”.

The stage had more male political leaders than female. Among the six others who took oath as the new government’s ministers were Shiv Sena’s Eknath Shinde and Shirish Desai, NCP’s Jayant Patil and Chhagan Bhujbal, and Congress’s Balasaheb Thorat and Nitin Raut.

While Bhujbal and Raut invoked social reformers and radical anti-caste leaders Dr B.R. Ambedkar, Jotiba Phule, Savitribai Phule, Shahu Maharaj and the Buddha, other leaders hailed Bal Thackeray and their respective party leaders while taking oath. Among them only two – Raut and Bhujbal – belong to Bahujan castes. No woman MLA was administered oath on the stage.

Uddhav Sworn in as Maharashtra CM in Grand Show at Mumbai’s Shivaji Park

Among those present were Sharad Pawar, Devendra Fadnavis, Jayant Patil, Kapil Sibal and Abhishek Manu Singhvi.

Mumbai: Bringing the curtains down on weeks of uncertainty and slick political power play, Uddhav Thackeray, the third Shiv Sena chief minister and the first from the Thackeray family, was sworn in as Maharashtra’s chief minister at a packed Shivaji Park on Thursday.

Uddhav Thackeray will hold the first Cabinet meeting of the new alliance government at around 8 pm. His government is an alliance of the Sena, the Nationalist Congress Party and the Congress. Together, the alliance is known as the ‘Maha Vikas Aghadi’.

The last Shiv Sena chief ministers, Manohar Joshi and Narayan Rane, came to occupy the top post in the 1990s.

Among those present were Maharashtra governor Bhagat Singh Koshyari, who has emerged as a key player in the political turns in the state, former chief minister and BJP leader Devendra Fadnavis, who was sworn in and forced to resign on realising that he had inadequate support, and BJP’s Chandrakant Patil.

Also read: Maharashtra Live: Uddhav Thackeray Sworn in as CM

Also present were NCP chief Sharad Pawar, party leaders Ajit Pawar, Praful Patel and Jayant Patil, Shiv Sena’s Manohar Joshi, Congress leaders Ashok Chavan and Prithviraj Chavan, besides the state leadership of the tri-party coalition. Madhya Pradesh chief minister Kamal Nath, DMK’s M.K. Stalin, senior Congress leaders Kabil Sibal and Abhishek Manu Singhvi were present too.

A smattering of ministers too took oath along with Uddhav.


NCP leader and one-time Sena man Chhagan Bhujbal was the second person to be sworn in. He invoked social reformers and radical anti-caste leaders Jotiba Phule, Shahu Maharaj, Savitribai Phule, and Dr. B.R. Ambedkar as well as Bal Thackeray and Sharad Pawar.

Shiv Sena leader Eknath Shinde invoked the late Bal Thackeray – a dominant presence even among posters held by attendants – and the late Anant Dighe in his speech while taking the oath. Senior leader Subash Desai also took oath.

NCP leader Jayant Patil invoked Sharad Pawar amid cheers while being sworn in.

Of all those sworn in today, only two leaders, Bhujbal and Raut are Bahujans. This cabinet has few Bahujan leaders and even fewer women. Not one woman MLA was sworn in today.


Congress senior leader Balasaheb Thorat, an eight-time MLA was sworn in too as was Congress’s Nitin Raut. Raut was cabinet minister of Employment Guarantee and Water Conservation in the state until 2014. He was one the only one to swear on Buddha during his oath taking.

The portfolios of those who took oath has not been revealed yet.

Ajit Pawar was not among those who took oath on Thursday.

The Constitutional Puppet on a String

Do we really need governors if they abdicate their constitutional obligations and mortgage their souls to the ruling party in power?

The last few days were a real circus in Maharashtra, with many ringmasters putting legislators through the hoops.

It was tragicomic. The sordid political drama appeared to be heading toward a nail-biting denouement after the Supreme Court intervened and ordered a floor test on November 27 but ended anti-climatically with both Ajit Pawar, the renegade political leader from NCP, and Devendra Fadnavis, the erstwhile BJP CM, resigning a day before in quick succession.

The governor did little to cover himself with glory. Governors hold office under the pleasure of the president – who acts on the advice of the PM and his cabinet while appointing or removing them –and are expected to act in accordance with the constitution which s/he swears upon while taking the oath of office. Did the present governor of Maharashtra do that? Did he, as the opposition has accused him, act as an ‘agent’ of the BJP?

Let’s rewind the events a little. In February 2014 when UPA-II was in power at the Centre, during his first brief tenure as chief minister of Delhi, Arvind Kejriwal, called the then (LG) Lieutenant Governor of Delhi Nawab Jung “a Congress agent” when the latter checkmated Kejriwal by impeding his administrative functioning at every step of the way.

Kejriwal, fresh from his first electoral victory in 2013 and not one to be browbeaten, was known for making political attacks with irreverence and hyperboles. But this epithet had credibility. It was common knowledge that governors never exercised their own discretion bound by the framework of the constitution. They were known to have an overarching fidelity to the party in power over everything else.

Those who had written the constitution neither foresaw coalition politics nor imagined rampant defections on the scale witnessed nowadays. They could not have dreamt that ruling parties would one day abuse their powers and destroy the federal structure of the state, the very foundation of our democracy. Until the time of Jawaharlal Nehru, there was restraint and respect for the letter and spirit of the constitution.

Also Read: President’s Rule in Maharashtra: How Constitutional were Governor Koshyari’s Actions?

Governors acting in unseemly haste and at the behest of the Centre to subvert duly elected governments were rare. It was during the reign of Indira Gandhi that propriety, decency, decorum and respect for the rule of law were altogether dispensed with. Indira Gandhi and her minions showed scant regard for the autonomous functioning of governors – as envisaged by those who framed the constitution.

Governors were treated like lackeys to do her government’s bidding. She dismissed duly elected state governments peremptorily when opportunities presented themselves, without any scruples, to consolidate her power and authority. She accomplished this by giving specific directions to the governor. If governors showed any reluctance to defer to her wishes or hesitated, she wasted no time in sacking them unceremoniously.

Former Indian prime minister Indira Gandhi. Photo: PTI

Governors didn’t cross swords with her. After all, they knew their role when they accepted such sinecures. They were, as Kejriwal uncharitably but aptly described, agents of the ruling party in the widest sense of that word. All prime ministers after Indira Gandhi, whether in the majority or in coalition partnerships, did no better. Morarji Desai, VP Singh, Chandra Shekhar, Rajiv Gandhi, Atal Behari Vajpayee and Manmohan Singh – all trampled on democracy in varying degrees without any qualms. None of them covered themselves with glory when it came to misusing the office of governors.

Power corrupts but also intoxicates. And absolute power stimulates grandiose delusions of immortality not only in potentates but also in modern-day politicians when they rise to power. Congress politicians thought they would be in power for forever. It never occurred to them, in their inebriated state while they ruled, that power is evanescent. Empires crumble. Wheels of fortune forever turn and one day they may be caught beneath its inexorable roll.

Also read: From Goa to Manipur, Modi’s Governors Have Sabotaged Democracy

Regional satraps heading states who behave like tinpot dictators, riding roughshod over critical journalists, dissenters and political opponents are surprised and aghast when paid back in the same coin by the governors, who bending over backwards, carry out the instructions of the ruling party and readily facilitate, through chicanery and subterfuge, destabilisation of the elected state government.

So when you see the once-mighty worthies of NCP, and Congress strut about in panic and despair crying foul, unable to seize the day and prop up their newfound ally Udhav Thackeray, the Shiva Sena supremo, as their CM, you do not know whether to laugh or cry. It is a tragic comedy of the nation state.

An eminent galaxy of Congress party lawyers, with a straight face, is at pains to explain to the media and prove to the Supreme Court that Modi and Shah have brazenly interfered, through the governor, to undermine the constitutional process and violate the Supreme Court guidelines. They are accusing the governor of being a stooge of the Centre and are suggesting that even the president had been co-opted in this unholy task. When one hears these phoney and hollow laments by the Congress, which was a master in this very game, one can not help but be amused.

Having said that, one must, nevertheless, question the BJP and hold it accountable. The sins of the predecessor governments can neither absolve nor justify the present ruling dispensation’s questionable moves. The revocation of president’s rule at an ungodly hour with a pliant governor sending an invitation to Devendra Fadnavis pronto and his hurried private swearing-in at 7:30 in the morning with a rebel NCP leader Ajit Pawar, who had turned rogue overnight, almost resembled a hush-hush marriage ceremony of eloped lovers blessed by a priest in a remote temple.

Also read: BJP’s Indira-like Tactics of Using Article 356 Will No Longer Work

There was no press nor public in attendance. Can such clandestine move of oath-taking lend legitimacy in the eyes of the public? Can the ruling party come out smelling like roses after all this? What of its claims that it was a ‘party with a difference.’? Is there really any difference now between the parties?

Maharashtra Governor Bhagat Singh Koshyari flanked by Devendra Fadnavis and Ajit Pawar, during an oath-taking ceremony, in Mumbai, on Saturday. Photo: PTI

The Maharashtra crisis raises serious and fundamental questions about the way our democracy functions. Do we really need governors if they abdicate their constitutional obligations and mortgage their souls to the ruling party in power? Can’t they be dispensed with if every party cries itself hoarse while in opposition but acts and behaves in a worse fashion when it comes to power? If the harsh reality is that the home minister, in consultation with the PM of the day, will rule through proxy after bypassing the governor and appointing a team of advisors – usually a team of loyal bureaucrats – to run the state through a puppet governor, then it may be better to dispense with that constitutional post all together.

It’s a vestige of the British Raj, an anachronism, a white elephant of avoidable pomp and glory and, at least, this will save huge costs to the exchequer. It serves little purpose to have the post of a governor except to be used to rehabilitate troublesome or dead wood loyal politicians of the party or reward retired bureaucrats who served the party above the interests of the state.

But if the post of the governor is to be continued and if governors have to fulfil the role of upholding the constitution and not the petty interests of the ruling party, then it is prudent to review the role of governors in the modern state with coalition politics and instability being the reality of the day.

Also read: Why Imposition of President’s Rule in Maharashtra Was Unconstitutional

If it’s found that the governor is a necessary adjunct to the current political situation, then the very first step should be to make his/her selection, appointment, transfer, and removal transparent and independent of the ruling party and modelled along the lines of the appointments for the Lokpal.

Recent events have been depressing. They’ve brought to mind a famous remark by former President of the US Ronald Reagan: “It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first.”

More than two hundred years after US Independence, we can still take cheer from Reagan’s words that we are still a young democracy compared to the US and this is all a part of growing up!

Captain G.R. Gopinath is an author, politician and entrepreneur who founded Air Deccan.