Defamation case: Delhi court exempts Arvind Kejriwal from personal appearance

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February 11, 2015

A Delhi court on Wednesday granted AAP convenor Arvind Kejriwal exemption from personal appearance in a criminal defamation complaint filed against him by an advocate.

As per reports, the court of Metropolitan magistrate Muneesh Gargis also exempted two other AAP leaders from personal appearance in connection with the case.

The court had earlier reserved its order for February 11 on framing of charges against Kejriwal, Manish Sisodia and Yogendra Yadav, who were released on bail after they had appeared in the court on 4 June last year in pursuance to summons against them.

The summons were issued on the complaint of advocate Surender Kumar Sharma under Section 499, Section 500 (defamation) and 34 (common intention) of the IPC, with the court saying there was prima facie material to summon the accused.

“The press release published in newspapers as well as testimonies of witnesses reflect that defamatory remarks were published in the newspaper which affected the reputation of the complainant in the society and lowered his reputation in the eyes of other members of the society,” the court had said.

However, the court had rejected the complainant’s plea that AAP leaders had conspired and cheated him, saying in the absence of the very element of deception, there was no prima facie material against any of the accused for the offence of cheating and criminal conspiracy.

Sharma had alleged that in 2013 he was approached by volunteers of AAP who had asked him to contest Delhi Assembly election on a party ticket saying Kejriwal was pleased with his social services.

Funding row: Income Tax department sends notice to AAP

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Afternoon Voice

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February 11, 2015

A day after the Arvind Kejriwal-led Aam Aadmi Party registered a historic win by winning 67 seats in the 70-member Delhi Assembly, trouncing major players in the crucial assembly polls, the Income Tax department on Wednesday issued a notice to the party in connection with a row over donations received by it.

The IT department has sought AAP’s reply in connection with the case by February 16.

The IT notice to AAP was issued days after a breakaway volunteer group of the party – AAP Volunteer Action Manch (AVAM) – accused Kejriwal’s party of receiving Rs. 2 crore last year through four “dubious” companies.

However, AAP categorically rejected the allegations made by the group and challenged the Centre to order a probe by any central investigation agency including CBI into the matter. AVAM had claimed that the money was donated to the AAP on the midnight of April 15 last year.

Karan Singh and Gopal Goel of AVAM alleged that four donations worth Rs. 50 lakh each were remitted to the account of the AAP from four different “dubious companies”.

The AAP called it a conspiracy to tarnish its image ahead of the February 7 Delhi assembly elections.

“This is a conspiracy. We invite the government to order an investigation before the February 7 polls itself by any of its agencies — be it CBI, ED, IB, police, army… and subsequently arrest us if we have done anything wrong,” senior party leader Yogendra Yadav had told a press conference.

Nitish Kumar’s election as JD(U) legislative party leader unconstitutional: Patna HC

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Afternoon Voice

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February 11, 2015

In a major setback to former Bihar Chief Minister Nitish Kumar, the Patna High Court on Wednesday termed his recent election as the JD(U) legislative party leader unconstitutional.

The High Court passed its order in response to a petition filed by Bihar Chief Minister Jitan Ram Manjhi’s loyalist JD(U) MLA Rajeshwar Raj challenging Nitish Kumar’s election as ‘illegal’.

In his petition, Raj had contended that JD(U) chief Sharad Yadav had illegally summoned a legislature party meeting, which elected Nitish Kumar as its new leader.

Manjhi had also termed Yadav’s decision to call the meeting as illegal and questioned the election of the former chief minister as the new leader of Janata Dal (United) legislature party.

Bihar’s ruling JD-U later expelled Manjhi from the party for six years on disciplinary grounds.

In a dramatic turn of events, Nitish Kumar and his supporters met Bihar Governor KN Tripathi and informed him that Manjhi no longer enjoyed support of majority MLAs so he should be immediately removed as Chief Minister of Bihar.

Kumar, who is in Delhi with 130 supporting MLAs of his party, RJD, Congress, one CPI and an Independent to parade them before President, had questioned the delay by Governor Kesari Nath Tripathi in inviting him to form the government.

BJP failed to read voters’ mindset

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Mahendra Singh

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February 11, 2015

“De di hame azadi bina khadga bina dhal…”, now we want water, power everything free without doing anything. We also crave for a “gori dulhan” with an SUV as dowry. People had been praising Amit Shah that he is some master strategist and specialist in winning elections. What happened now? Prime Minister Narendra Modi thought that his ten lakh suit and the speech delivered by him at Madison Square Garden will make him an able administrator in the world. He failed to read the mindset of Delhi voters and was overconfident about his party’s victory. Both AAP and BJP will have to perform now.

Let us see who uses the first hatchet on corruption, which both parties promise to eliminate but clandestinely thrive on it. “Bhaiya tum koi upar se thodi hi tapke ho”. Nobody is bothered that our population is rising at a faster pace. Our people do not possess sufficient employable skills but everyone dreams of a government job. Watch any astrology channel as you will notice people asking questions like “Meri shaadi kab hogi”, “Mujhe sarkari naukri kab lagegi”. Have you heard anyone asking, when will I get an opportunity to perform some work? Since a long time, I have been pleading to start at least limited national service for one year or two years for getting government jobs. It should be made mandatory for getting parliament membership.

Jitan Ram Manjhi says that he deserves the Chief Minister’s post as he is a “Mahadalit.” Tomorrow he may say, with one more push, I can also become the Prime Minister of India. Indian politics is in dire straits today due to lack of moral values. All parties must take things seriously and work with integrity. People thought Modi was a man of integrity but he has failed to fulfill the expectations of the people.
Modi should become serious and reform himself instantly. Even now it is not too late for him to change. Tell Amit Shah on his face that you are just another crook.

“Janta sudhregi nahin, unko sudharna aur sawarna hota hai”. This is the work of social organizations like the RSS, which has been badly crushed today. Keeping a bawarian moustache and reciting Hindu will not do any good. A good Hindu is cheerful, hardworking and obedient to his mother. Let them say this repeatedly. The government must increase the production of electric power by all modern means ( green power) and provide drinking water to citizens, cattle and the birds.

Tattoos cause harm to your body

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Afternoon Voice

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February 11, 2015

There are two types of people in this world — people who have designed tattoos on their bodies and people who are afraid of those who have tattoos on their bodies. Let’s start with something you need to know about tattoos. Tattoos are created by placing coloured pigments in between the permanent base layer of your skin and the constantly changing top layer. But what people do not realize is that tattoos disfigure and tarnish the skin permanently. They also cause skin infection. Some people get themselves tattooed to show independence and rejection of parental values. Others get themselves tattooed because they believe that they are stylish — its today’s fashion they say!

The Holy Bible tells us in Leviticus, Chapter 19, verse 28: “You are God’s image and you shall not make any cuttings in your flesh for the dead, nor tattoo any marks on you.” This passage clearly tells us that God does not want us to decorate our bodies with different kinds of graphic designs or tattoos. Also in 1 Corinthians, Chapter 3, verse17 we read: “If anyone defiles the temple of God, God will destroy him. For the temple of God is holy.” Again in 1 Corinthians, Chapter 6, verses 19 to 20, we read: “Do you not know that your body is the temple of the Holy Spirit who is in you, whom you have from God, and you are not your own? For you were bought at a price; therefore glorify God in your body and in your spirit, which are God’s.” The Lord God designed our bodies to be a temple and a dwelling place for His Spirit. In the same way that Solomon’s temple was free from graffiti, we should also not defile our bodies, since it is also God’s holy temple.

Throughout history and in the Holy Bible, tattoos have been related to pagan practices and wild living. As Christians, we are to be set apart as holy vessels for God (1 Peter, Chapter 1, verses 14 to19) and to turn away from things that link us to this world which is passing away. Remember that 1 Thessalonians, Chapter 5, verse 22 tells us to abstain from all appearances of evil.

We’re not supposed to be like the rest of the pagan world and live the way everyone else does. “Therefore come out from among them and be separate, says the Lord. Do not touch what is unclean, and I will receive you.” (1 Corinthians, Chapter 6, verse17).
“And whatever you do or say let it be as a representative of the Lord Jesus Christ, all the while giving thanks through him to God the Father.” (Colossians, Chapter 3, verse17). All of our actions are to represent the Lord Jesus Christ and I really cannot picture the Saviour with snakes, demons, butterflies or dragons tattooed across His forearms or chest.

What if someone has made the mistake of getting himself or herself tattooed? Have they gone too far? Absolutely not! 1 John, Chapter 1, verse 9 assures us that if we confess our sins, He (Jesus Christ) is faithful and just to forgive them and to cleanse us from all unrighteousness. The human body is the temple of the Holy Spirit and one must not misuse it for any wrong purpose, be it sex outside marriage, masturbation, homosexuality, smoking, drinking alcohol or getting oneself tattooed.

Jubel D’Cruz

Mumbaikars welcome AAP’s return

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Afternoon Voice

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February 10, 2015

The BJP’s strategy to nominate Kiran Bedi as the Chief Ministerial candidate has backfired as the Aam Aadmi Party has registered a thumping victory in Delhi election. AAP has managed to stop the Modi juggernaut by winning 67 seats in Delhi as BJP came a distant second by winning only 3 seats. Voters were unhappy with the BJP governments stand on issues like religious conversions, attack on churches and also some controversial comments made by some of its leaders.

Thus the Modi wave has been overshadowed by the AAP’s Tsunami wave. It’s a wake-up call for the BJP that it will have to really pull up its socks and can’t take voters mandate lightly. Moreover, election can’t be won only on the basis of few individual leaders like Modi and Amit Shah. The BJP had to pay a heavy price for running an anti-AAP campaign instead of focussing on its own agenda. Many leaders from the saffron party were unhappy with the elevation of Kiran Bedi as CM candidate. This is the biggest victory margin for any political party in Delhi since the first Assembly elections took place in 1993.

The AAP’s victory is significant as it will lead to the formation of the first majority government in Delhi by a party other than the BJP and the Congress. It is also the first time a party has won so many seats in the assembly. When AV spoke to Mumbaikars to know about their opinion pertaining to AAP’s victory many of them said that the party will now have to work harder and avoid committing the mistakes made by it earlier.

Rehaan Haider working in a CA firm said, “AAP has scripted a historic win that the entire opposition can board an autorickshaw and attend the legislative assembly session.”

Maulana Ehsaan Haider Jawadi, Islamic scholar and writer said, “Just like the name of a person makes an impact in the same way flower blooms and withers. This time the broom has sweeped the rival parties.”

Daniel D’Souza an engineer said, “It’s good that AAP has emerged victorious. At least they do a better job as compared to other parties.”

Salim Ali Sayyed said, “It’s right time for AAP to establish themselves in other states also. Infact I am waiting to join the party.”

Mohammed Feroz said, “People always worship the rising sun. The lotus has started withering which has been cleaned by the broom.”

Sagar Rane, Online marketing executive, Bhandup said, “AAP’s victory in Delhi has its pros and cons. About the pros, AAP managed to lower the prices of petrol and other commodities during their reign as the leading party in the capital. The to-be-sworn CM Arvind Kejriwal has some serious qualifications but the cons start here itself. The party is relatively new and might not be able to handle the pressure as compared to its previous reign.”

Anand Singh Rajawat, college professor from Virar (W) said, “I personally feel that people are fed up with the traditional political system in India. People want a change in system and that’s the reason AAP emerged victorious.”

Shaukat Kapasi Chief insurance agent LIC said, “Arvind Kejriwal is a honest man. I too will like to join his party to eliminate corruption from India.”

Brenden Dcosta, from Mira Road (E) said, “The victory of AAP can be termed as people’s victory. It’s also a warning to the BJP as the manner in which it has lost the poll indicates the end of Modi’s regime.”

Rashmi Dubey from Vasai (W) said, “Delhi residents have offered one more opportunity to AAP. So this time the party will have to prove itself and Kejriwal should not repeat the mistakes committed by him during his last tenure.”

Rajkumar Ashappa a football coach said, “AAPsolute majority.”

Aziz Shaikh, Automobile engineering student said, “AAP’s victory should change the Indian politics forever. It is the rise of a new star in Delhi.”

Steffi Cardoz, secretary, Goregaon (West) said, “AAP is a different party. People will soon recognise it as a strong political party and it will expand its foothold across the country.”

Navdeep Modi, event organiser, Santacruz (W) said, “I think in a way it is an unexpected result. The country still considers secularism as an important factor. No victory can be taken for granted and the sweep of 2014 needs to be replicated proportionately in every state election.”

Raj Sapkal said, “After watching Delhi’s poll results, I remember a quote of Chetan Bhagat,”A population that votes on promised freebies rather than a wealth creating economy is destined to stay poor.”

The BJP has, however, said the results in Delhi were not a referendum on Modi. “It’s not a referendum on the BJP government. It will be a collective responsibility of the party…and winning will just be the first step for AAP. They had made many promises. AAP kaam karke dikhaye ab (AAP, now show us what you can do),” said BJP leader Shazia Ilmi.

Congratulations Aam Aadmi !

By

Vaidehi Taman

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February 10, 2015

The landslide victory of AAP in Delhi on Tuesday sent netizens into a turmoil as they flooded social networking sites with messages congratulating Arvind Kejriwal and his party. BJP supporters those who were involved in promoting their party and attacking Kejriwal all through the elections, were away from the internet. I think, they might have gone in coma. Modi’s twitter group was silent and confused. Interestingly, even in such a short span of time, AAP has successfully strengthened its base in Delhi. This time rather than just relying on social media and television interviews, AAP used a different style of campaigning to reach out to each voter. Through flash mobs, AAP grabbed many eyeballs. The Delhi election was considered as significant, since a victory for BJP would have increased the party’s confidence ahead of assembly polls in Bihar and West Bengal. A defeat for BJP in the national capital may harm Modi’s probabilities of combining power in other states.

AAP has really stunned people of this country, especially political analysts and leaders. No one ever thought BJP would be let out with three seats and Congress is finished here. Indeed, it is a historical victory in Delhi for AAP. BJP must have learnt a lesson from this defeat. AAP victory is a big tight slap on Delhi BJP unit where all its leaders were dreaming to be a chief minister of the state. Their groupism, fighting within and negative agenda caused their defeat. BJP were lacking issues in the election that’s why they attacked Kejriwal and tried spreading negativity in the vicinity. Even Modi forgot his profile and criticised Kejriwal during his Delhi rallies. Over confidence of BJP and overrated Modi waves have were broke by AAP’s humble approach. Now, the AAP’s rule in Delhi for the next five years will set an example. AAP will have to work diligently and do need -based tasks related to the development of people. The people have given indications that they had chosen a wrong PM and based on its 9 months performance have rejected BJP. The defeat for BJP is bitter because it had won all the seven Lok Sabha seats in the last year’s general elections. The party’s gamble of making Bedi its Chief Ministerial candidate back fired. The only saving grace for the BJP was victory of its former state unit president Vijender Gupta who won from Rohini.

Prime Minister Narendra Modi faced his first state election downfall since coming to power last year. This time too, unleashing a slew of promises from 24/7 electricity, portability of electricity services, a corruption-free system to building a house for every slum dweller, Modi tried to pitch the development agenda. However, he failed to woo voters despite his high-pitched campaigns. Though, Modi’s popularity has had a lion’s share in the BJP’s victory so far, it seems that the ‘Modi wave’ is fading away. In the recently held by-polls too, BJP hardly managed to win any seats. In Maharashtra, BJP emerged as the largest party, but failed to get a complete mandate despite Modi conducting 25 rallies.

Besides, it is the need for the time to change. Due to this ‘turning point,’ Janta will be able to simultaneously watch progress card of India by BJP in central government and by AAP in Delhi. So, whoever will be better will find place in Lok Sabha after 4 years. Delhi voters had made their minds to see Modi as PM and Kejriwal as their CM. Both the time, they gave clear mandate. Arvind Kejriwal and AAP may finally put breaks to Modi’s juggernaut. Delhi polls in which AAP got a clear mandate, despite BJP deploying all of its ministers, members of parliament, VHP, RSS, Kiran Bedi, current bête noir and past colleague of Kejriwal from the anti-corruption agitation and finally its campaigner-in-chief and showman Modi, should force them to take a step back and rethink its political and electoral strategy. The message is ‘stop selling and start delivering’! People were fed up with the earlier politics and gave a chance to clean and progressive politics.

AAP had a much sustained focus on general civic issues like electricity and water. Kiran Bedi was also a negative factor for BJP. Naturally, Kejriwal projected himself as common man and ‘one of us’. I hope he will sticks to realistic goals! If you look back to 2013 Delhi Assembly elections then 80 per cent of Congress votes were transferred to AAP. Since Delhi electorate wanted this, BJP has gracefully accepted it. Delhi is the most pampered city in India. Throughout the election campaign, the Congress party, which was decimated to 44 seats in Lok Sabha polls, was nowhere considered in the fight between Aam Aadmi Party and BJP. A major portion of the Congress vote has perhaps shifted to the Aam Aadmi Party.

The exit polls had predicted first place for AAP, second place for the Bharatiya Janata Party while the Congress was placed at a distant third. Compared to the last assembly polls, the number of voters have increased significantly from 11.9 million to 13 million this time. The increased numbers of voters and converting the Congress votes in their favour have played a vital role in tipping the scales towards AAP.

Kejriwal will take oath as Chief Minister on February 14 at the Ramlila Grounds, the platform that launched him during the days of “India Against Corruption” exactly one year after he stepped down. As the voting trends trickled in showing a massive landslide for AAP, Modi called Kejriwal over phone to congratulate him over his victory. He assured Kejriwal of Centre’s complete support in the development of Delhi. I hope, Kejriwal and his cabinet will deliver what they have promised to the people.

I wish them all the success.

HC urges state government to consider hospital’s proposal

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Afternoon Voice

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February 10, 2015

The Bombay High Court asked Maharashtra government to decide on a proposal sent by Bai Jerbai Wadia Children’s Hospital, seeking its permission to set up a paediatric organ transplant centre, before March 16.

Hearing a petition, a division bench of Chief Justice Mohit Shah and Justice B P Colabawala said “if the government does not decide on the application by then (March 16), the Principal Secretary of the Department of Medical Education and Research will have to personally be present in court”.

The hospital had sent a proposal to the state government on July 31, 2014, saying that if the transplant centre was approved it would be one of its kind in the world.

However, the state government is yet to take any decision on the application.

The hospital filed an affidavit informing the court that work on repairing, reconstructing and maintaining the hospital building has begun and would be completed by March 31, 2016 and Rs. 27.9 crore has been earmarked for repairs.

The hospital received several awards and once the new building is ready it would be able to house 150 beds in its Neonatal Intensive Care Unit and 24 beds in the Paediatric Intensive Care Unit, the affidavit said.

The hospital, located in Parel here, has been operating from its neighbouring premises since 2009, after it was closed down for renovation.

Kamayani Mahabal, an activist, had moved the High Court alleging that no steps had been taken by the authorities to take up the renovation and complete it at the earliest.

The municipal corporation and Wadia Trust have reached an agreement to take equal financial responsibility to run the hospital.

HC tells government to reply to PIL against AIB comedy show

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Afternoon Voice

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February 10, 2015

The Bombay High Court asked the Centre, Maharashtra government and I&B Ministry to respond to a petition seeking action against organisers of AIB, a roast show, held on December 20 last year in which allegedly obscene and vulgar words were used by participants and women’s dignity was tarnished.

Hearing a public interest litigation, a bench, headed by Justice V M Kanade, asked the authorities to file their reply before March 3 when the matter would be heard again.

The court also allowed AIB to intervene and reply to the allegations made in the PIL.

The PIL filed by Dr. Sharmila Ghuge, a social activist and law college faculty member, alleged that the show was viewed by more than ten million people after it was telecast on video sharing website YouTube on January 28.

The show featured actors Arjun Kapoor and Ranveer Singh and producer-director Karan Johar.

The petitioner said that the show featured a galaxy of film stars and participants allegedly used obscene words and shared indecent jokes, “which was extremely offensive not only to the dignity of women but also to the basic values cherished in our country.”

The content, repeated several times during the show, violates the provisions of section 292 and 294 of the Indian Penal Code as well as other provisions of law. Moreover, adverse comments passed on various communities not only violate section 295-A of IPC but also deeply hurt the sentiments of public at large, the petition alleged.

Similarly, the use of “smutty and vulgar gestures during the show and indecorous and undignified remarks” on women with reference to rape violates section 23 of Indecent Representation of Women’s Act, the PIL alleged.

The petitioner sought action against the organisers and participants of the show and also urged the authorities to issue guidelines to monitor such video programmes on the YouTube and similar network so as to ensure that youths are not distracted and their minds are not corrupted with obscene views.

Senior counsel Mahesh Jethmalani, who appeared for AIB, argued that the programme was full of humour and entertained the audience. A few words alleged to have been obscene should not deter authorities from banning the show, he said.

The counsel for the petitioner, Sham Devan, said though the show had a lot of humour content, it transgressed all the limits of decency and allegedly had the tendency to deprave the minds of young people. If such shows are allowed to be telecast it would bring a decline in the cultural values of the society and hurt dignity of women, he argued.

First break alliance, then attack PM Modi: Ashish Shelar to Thackeray

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Afternoon Voice

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February 10, 2015

An angry BJP took strong exception to Shiv Sena President Uddhav Thackeray’s criticism of Prime Minister Narendra Modi over the poll rout in Delhi and dared its saffron partner to first quit the alliance and then attack its leaders.

“Instead of concentrating on what is happening in Delhi, Uddhavji should first concentrate on what is happening in Mumbai and Maharashtra. This election (in Delhi) was not a general election, but a state election. Thus, the question of bringing in Narendra Modi’s name does not even arise,” Mumbai BJP Chief Ashish Shelar said.

“If you intend to point fingers at Modiji, who is among the tallest leaders of BJP and Prime Minister of this country, then do not stay in the government with us. Have the courage of first leave power and then point fingers,” he said.

Uddhav had earlier said BJP’s mauling in the Delhi Assembly poll amounted to “defeat” for Modi and showed that tsunami is mightier than the “Modi wave”.

Asked if BJP was surprised by Uddhav’s stinging criticism of the Prime Minister, Shelar said, “Everybody speaks according to their nature. It must be his nature to speak like this.”

Sena, which is part of the BJP-led government in Maharashtra, is also a constituent of the ruling coalition at the Centre.

“It would not be wrong to call the results a defeat for Narendra Modi. Talks had been going on about a Modi wave sweeping the country. But the people of Delhi have shown that tsunami is mightier than a wave,” Shiv Sena chief Uddhav Thackeray said, taking a swipe at BJP over the poll debacle.

The Sena leader, who called up AAP convenor Arvind Kejriwal to congratulate him on the victory, said he would attend the oath-taking ceremony if invited.

“I spoke to (Arvind) Kejriwal and congratulated him on this victory. I also advised him to continue to work for Delhi and not commit the mistake of resigning from the CM’s post again,” he said.

Though Shiv Sena is part of the NDA government at the Centre and BJP-led dispensation in Maharashtra, the relations between the two parties have been far from smooth since the two parted ways just ahead of the state Assembly elections last year.

Uddhav said the Sena will continue to be in the government but at the same time ensure that the benefits of government schemes reached the people.

Both saffron parties had gone through a bitter break- up just ahead of Maharashtra Assembly poll, but patched up later as BJP failed to get a majority in the October election.

However, despite his party being part of the Governments in Maharashtra and at the Centre, Uddhav has been making critical comments against BJP.