The Evening Wrap: Eknath Shinde wins trust vote in Maharashtra Assembly

Maharashtra Chief Minister Eknath Shinde on July 4 won the floor test in the State Assembly on the last day of the two-day special session of the House. In the 288-member House, 164 MLAs voted for the motion of confidence, while 99 voted against it. Three legislators abstained from voting, while Congress’s Ashok Chavan and Vijay Wadettiwar were among those absent during the trust vote. Speaker Rahul Narvekar announced that the trust vote was carried by a majority vote. After the death of a Shiv Sena MLA recently, the current strength of the Assembly is reduced to 287, thus the majority mark is 144. Amid the beginning of a legal battle between the two factions of the Shiv Sena — one led by former Chief Minister Uddhav Thackeray and the other by rebel leader and new Chief Minister Eknath Shinde — both groups of the party violated the whips issued by the other group for the Speaker’s election in the Maharashtra Assembly. Rahul Narvekar from the BJP was elected Speaker on June 3 after he garnered 164 votes. Also, in a jolt to Uddhav Thackeray, the Maharashtra Assembly Speaker reinstated Shinde as Shiv Sena legislature party leader, removing Ajay Chaudhary. Narvekar also recognised the appointment of Bharat Gogawale from the Shinde camp as the chief whip of the Sena, removing Sunil Prabhu, who belongs to the Thackeray faction. Nationalist Congress Party (NCP) leader and former deputy CM Ajit Pawar was selected as the Leader of the Opposition. Pawar said that he will work in an unbiased manner as earlier in his new capacity as the Opposition leader. “We will support the government in schemes that will benefit the State but will also keep a check on government functioning,” he said, adding that he will ensure that no bill will be passed without a discussion. Faced with a challenge to steer the struggling Maha Vikas Aghadi (MVA), Pawar’s first challenge would be to keep the opposition flock together. On Monday, one more Shiv Sena MLA -- Santosh Banger from Kalamnuri constituency in Hingoli district -- joined the Shinde camp reducing the Opposition strength by one. Meanwhile, the Supreme Court on Monday agreed to list on July 11 a petition filed by Uddhav Thackeray camp loyalist Sunil Prabhu, challenging Maharashtra Assembly Speaker Rahul Narvekar’s decision to recognise the appointment of Chief Minister Eknath Shinde’s man Bharat Gogawale as the new chief whip of the Shiv Sena. The petition, mentioned before a Vacation Bench led by Justice Indira Banerjee, came just a day after the election of Narvekar, a BJP MLA, as Speaker. Formerly, amidst the dissent within the Sena which ultimately led to Thackeray’s resignation as Chief Minister, Prabhu had been designated chief whip. Appearing for Prabhu, senior advocate A.M. Singhvi argued that the Speaker had no authority whatsoever to recognise whips. “This changes the status quo of proceedings before this court,” Singhvi submitted. But the Vacation Bench posted the case on July 11 along with other petitions, including challenges by the Shinde camp against disqualification notices issued by former Speaker and Narvekar’s predecessor, Narhari Zirwal, on June 25 for defection and another filed by the Thackeray camp against the process leading to the Governor’s order for a floor test on June 30. “Let all of this come up together on July 11, 2022,” the court said. Narvekar, on Sunday, recognised Gogawale as the new chief whip of Shiv Sena and Shinde as the new Legislature Party leader in the House. The Thackeray regime had removed Shinde as the Sena Legislature Party leader and appointed Ajay Chaudhary in his stead along with Prabhu as chief whip. The Maharashtra Legislature Secretariat has now cancelled both these appointments. Hotels, restaurants barred from levying service charge Amid rising consumer complaints, the Central Consumer Protection Authority (CCPA) on Monday barred hotels and restaurants from levying service charge automatically or by default in food bills and allowed customers to file complaints in case of violation. The CCPA has issued guidelines for preventing unfair trade practices and violation of consumer rights with regard to levying of service charge. “No hotels or restaurants shall add service charge automatically or by default in the bill,” CCPA Chief Commissioner said in the guideline. There should not be any collection of service charge by any other name, it added. No hotel or restaurant can force a consumer to pay service charge. They have to clearly inform the consumer that service charge is voluntary, optional and at consumer’s discretion. “No restriction on entry or provision of services based on collection of service charge shall be imposed on consumers,” the guideline added. Further, service charge cannot be collected by adding it along with the food bill and levying GST on the total amount. If any consumer finds that a hotel or restaurant is levying service charge in violation of the guidelines, s/he can request the concerned establishment to remove it from the bill amount. The consumers can also lodge a complaint on the National Consumer Helpline (NCH), which works as an alternate dispute redressal mechanism at the pre-litigation level, by calling 1915 or through the NCH mobile app. They can also file complaints with the Consumer Commission. The complaint can be filed electronically through the e-Daakhil portal for its speedy and effective redressal. Moreover, the consumer can submit a complaint to the District Collector of the concerned district for investigation and subsequent proceedings by the CCPA. The complaint can also be sent to the CCPA by e-mail. The CCPA said it has observed, through grievances registered on NCH, that hotels and restaurants are levying service charge in the bill by default without informing consumers that paying such a charge is voluntary. “Further, service charge is being levied in addition to the total price of the food items mentioned in the menu and applicable taxes, often in the guise of some other fee or charge,” it added. The guidelines state that a component of service is inherent in price of food and beverages offered by a restaurant or hotel. “Pricing of the product covers both the goods and services component. There is no restriction on hotels or restaurants to set the prices at which they want to offer food or beverages to consumers. “Thus placing an order involves consent to pay the prices of food items displayed in the menu along with applicable taxes. Charging anything other than the said amount would amount to unfair trade practices under the (Consumer Protection) Act,” the guidelines said. The CCPA, in its guidelines, said a tip or gratuity is towards hospitality received beyond basic minimum service contracted between the consumer and the hotel management, and constitutes a separate transaction between the consumer and staff of the hotel/restaurant at the consumer’s discretion. Only after completing the meal, a consumer is in a position to assess the quality as well as service and decide whether or not to pay a tip and if so, how much. The decision to pay a tip by a consumer does not arise merely by entering the restaurant or placing an order. “Therefore, service charge cannot be added in the bill involuntarily, without allowing consumers the choice or discretion to decide whether they want to pay such charge or not,” the guidelines said. Further, any restriction of entry based on collection of service charge amounts to unfair trade practice, it added. According to an official statement, various cases relating to levying of service charge have also been decided by consumer commissions in favour of consumers, holding the same as an unfair trade practice and in violation of consumer rights. Kannada play stopped mid-way by Hindutva activists in Karnataka A group of people said to be associated with Bajrang Dal stopped the staging of a Kannada play mid-way at Anavatti in Sorab taluk of Shivamogga district in Karnataka on July 3. While the play was under way, a group of people raised slogans and went on the stage. They forced the actors to abandon the play and the audience to leave the venue. Rangabelaku, a Shivamogga-based theatre group, was staging Jategiruvana Chandira, a play written by well-known writer and lyricist Jayant Kaikini at Veerashaiva Kalyana Mandira in Anavatti. Raghu Purappamane is the director of the play, which is a Kannada adaptation of ‘Fiddler on the roof’ by Joseph Stein. The programme was jointly organised by the Kannada Sahitya Parishat, Karnataka Janapada Parishat and Kannada Samskruthika Vedike units of Anavatti. The play began around 7.45 p.m. While it was under way, a group of Bajrang Dal activists led by Sridhar Achar told the organisers to stop the play, arguing that the play, featuring Muslim characters, should not have been allowed to be staged in the village. Kotrappa G. Hiremagadi, a senior member of the Rangabelaku team, told The Hindu that, as he was getting prepared to enter the stage, he got calls from the organisers who wanted to talk to him about the pressure on them to stop the play. “A couple of minutes before my entry, a couple of people raised slogans and went up on stage, leaving all of us in shock and fear. We never anticipated such a development,” said Kotrappa Hiremagadi. Sridhar Achar, a local Bajrang Dal activist, maintained that a play featuring Muslim characters would not be allowed to be staged in a marriage hall that belongs to Veerashaivas. He told the audience to leave the venue. Kotrappa Hiremagadi said, “Our troupe has been staging plays for the last 15 years. We chose the play to spread communal harmony and peace in society. A team of 22 actors, including six women, had been to the village to stage the play.” Sub-inspector Rajeev Reddy of Anavatti Police Station, received information about Sridhar Achar and a couple of other men disrupting the play. By the time police reached the venue, the play had been stopped, he said. Many theatre lovers have expressed shock over the incident on social media platforms, and have demanded action against the culprits. Don’t nudge us to seek independent Tamil Nadu: DMK’s A. Raja seeks autonomy with CM Stalin on stage DMK leader A. Raja has implored Prime Minister Narendra Modi and Union Home Minister Amit Shah to provide ‘State autonomy’ to Tamil Nadu, and not push them to seek an independent country. Though the icon of the Dravidian movement, Thanthai Periyar stood for an independent Tamil Nadu, the DMK moved away from it, Raja said on Sunday addressing a party meet of representatives of urban local bodies. The conference was held in Namakkal in western Tamil Nadu. The party, though it accepted Periyar, backed integrity and democracy and said, ‘long live India’ and the party continues to stick to that line. “I am telling Amit Shah and the Prime Minister with utmost humility, I implore you in the presence of (our) leaders on the dais, our Chief Minister is journeying on the path of Anna (C.N. Annadurai, former Chief Minister and DMK founder), do not push us on the path of Periyar. Do not make us seek a separate country, give state autonomy and we will not rest till then,” he said. Raja’s remark invited sharp criticisms in the social media with several hitting out at him for ‘separatist’ comment. Tamil Nadu Bharatiya Janata Party (BJP) vice-president Narayanan Tirupathi condemned Raja’s remark as ‘blatantly divisive’. Rejecting criticisms against the remark, DMK spokesperson Constantine Ravindran said Raja has made it amply clear that the party travelled on the path of Anna, fully supporting India’s integrity and the principles of democracy. The message sought to be conveyed by Raja was that Tamil Nadu should be given autonomy to work towards development and uphold its rights as enshrined in the Constitution. Tamil Nadu Governor R.N. Ravi has not given his assent to several Bills passed by the State Assembly, he said, and wanted to know if hampering development was the idea of the Union Government. Under the BJP-led dispensation, the State government does not have any rights whatsoever, he told PTI. It may be recalled that Raja’s comment comes against the background of DMK sticking to the term ‘Ondriya Arasu’ (Union government) in Tamil to refer to the Centre ever since it assumed office in May 2021 in the State. Though ‘Mathiya Arasu’ is a relatively more common usage, the DMK has stuck to ‘Ondriya Arasu’ to underscore ‘federalism’ principles and to push ‘State autonomy’. The DMK had also said that India is a Union of States according to the Constitution. In Brief The Congress has registered an FIR against BJP MPs Rajyavardhan Singh Rathore and Subrat Pathak on its complaint related to a fake video of Rahul Gandhi, allegedly aimed at disturbing communal harmony. The FIR against the MPs and three others was lodged in Chhattisgarh’s Bilaspur. This comes after Congress general secretary Jairam Ramesh wrote to BJP president JP Nadda demanding action against Rajyavardhan Singh Rathore and Subrat Pathak for spreading fake news against Rahul Gandhi. Jairam Ramesh also sought for the doctored video to be removed from the BJP MPs’ Twitter timelines. The Supreme Court on Monday agreed to list next week a plea challenging the Agnipath recruitment scheme to the Armed Forces. In an oral mentioning made before a Vacation Bench led by Justice Indira Banerjee, advocate Kumud Lata Das, appearing for 31 Air Force aspirants, said the scheme should not be made applicable for those who are already undergoing the selection process. The petitioners are awaiting their enrolment as Airmen in the IAF in Group ‘X’ Trades (Except Education Instructor) and Group ‘Y’ (Except Auto Tech, IAF(P), IAF(S) and Musician Trades) for Intake 02/21 conducted by the Central Airmen Selection Board (CASB). Evening Wrap will return tomorrow [logo] The Evening Wrap 04 JULY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Eknath Shinde wins trust vote in State Assembly by 164-99 margin; Ajit Pawar is Leader of Opposition [Maharashtra Chief Minister Eknath Shinde on July 4 won the floor test in the State Assembly]( on the last day of the two-day special session of the House. In the 288-member House, 164 MLAs voted for the motion of confidence, while 99 voted against it. Three legislators abstained from voting, while Congress’s Ashok Chavan and Vijay Wadettiwar were among those absent during the trust vote. Speaker Rahul Narvekar announced that the trust vote was carried by a majority vote. After the death of a Shiv Sena MLA recently, the current strength of the Assembly is reduced to 287, thus the majority mark is 144. Amid the beginning of a legal battle between the two factions of the Shiv Sena — one led by former Chief Minister Uddhav Thackeray and the other by rebel leader and new Chief Minister Eknath Shinde — both groups of the party violated the whips issued by the other group for the Speaker’s election in the Maharashtra Assembly. Rahul Narvekar from the BJP was elected Speaker on June 3 after he garnered 164 votes. [Maharashtra CM Eknath Shinde and Maharashtra Deputy Chief Minister Devendra Fadnavis after a special session of Maharashtra Assembly, at Vidhan Bhavan in Mumbai, Monday, July 4, 2022. ] Also, in a jolt to Uddhav Thackeray, the Maharashtra Assembly Speaker reinstated Shinde as Shiv Sena legislature party leader, removing Ajay Chaudhary. Narvekar also recognised the appointment of Bharat Gogawale from the Shinde camp as the chief whip of the Sena, removing Sunil Prabhu, who belongs to the Thackeray faction. [Nationalist Congress Party (NCP) leader and former deputy CM Ajit Pawar]( was selected as the Leader of the Opposition. Pawar said that he will work in an unbiased manner as earlier in his new capacity as the Opposition leader. “We will support the government in schemes that will benefit the State but will also keep a check on government functioning,” he said, adding that he will ensure that no bill will be passed without a discussion. Faced with a challenge to steer the struggling Maha Vikas Aghadi (MVA), Pawar’s first challenge would be to keep the opposition flock together. On Monday, one more Shiv Sena MLA -- Santosh Banger from Kalamnuri constituency in Hingoli district -- joined the Shinde camp reducing the Opposition strength by one. Meanwhile, the Supreme Court on Monday agreed to list on July 11 a petition filed by Uddhav Thackeray camp loyalist Sunil Prabhu, challenging Maharashtra Assembly Speaker Rahul Narvekar’s decision to recognise the appointment of Chief Minister Eknath Shinde’s man Bharat Gogawale as the new chief whip of the Shiv Sena. The petition, mentioned before a Vacation Bench led by Justice Indira Banerjee, came just a day after the election of Narvekar, a BJP MLA, as Speaker. Formerly, amidst the dissent within the Sena which ultimately led to Thackeray’s resignation as Chief Minister, Prabhu had been designated chief whip. Appearing for Prabhu, senior advocate A.M. Singhvi argued that the Speaker had no authority whatsoever to recognise whips. “This changes the status quo of proceedings before this court,” Singhvi submitted. But the Vacation Bench posted the case on July 11 along with other petitions, including challenges by the Shinde camp against disqualification notices issued by former Speaker and Narvekar’s predecessor, Narhari Zirwal, on June 25 for defection and another filed by the Thackeray camp against the process leading to the Governor’s order for a floor test on June 30. “Let all of this come up together on July 11, 2022,” the court said. Narvekar, on Sunday, recognised Gogawale as the new chief whip of Shiv Sena and Shinde as the new Legislature Party leader in the House. The Thackeray regime had removed Shinde as the Sena Legislature Party leader and appointed Ajay Chaudhary in his stead along with Prabhu as chief whip. The Maharashtra Legislature Secretariat has now cancelled both these appointments. Hotels, restaurants barred from levying service charge Amid rising consumer complaints, the Central Consumer Protection Authority (CCPA) on Monday barred hotels and restaurants from levying service charge automatically or by default in food bills and allowed customers to file complaints in case of violation. The CCPA has issued guidelines for preventing unfair trade practices and violation of consumer rights with regard to levying of service charge. “No hotels or restaurants shall add service charge automatically or by default in the bill,” CCPA Chief Commissioner said in the guideline. There should not be any collection of service charge by any other name, it added. No hotel or restaurant can force a consumer to pay service charge. They have to clearly inform the consumer that service charge is voluntary, optional and at consumer’s discretion. “No restriction on entry or provision of services based on collection of service charge shall be imposed on consumers,” the guideline added. Further, service charge cannot be collected by adding it along with the food bill and levying GST on the total amount. If any consumer finds that a hotel or restaurant is levying service charge in violation of the guidelines, s/he can request the concerned establishment to remove it from the bill amount. The consumers can also lodge a complaint on the National Consumer Helpline (NCH), which works as an alternate dispute redressal mechanism at the pre-litigation level, by calling 1915 or through the NCH mobile app. They can also file complaints with the Consumer Commission. The complaint can be filed electronically through the e-Daakhil portal for its speedy and effective redressal. Moreover, the consumer can submit a complaint to the District Collector of the concerned district for investigation and subsequent proceedings by the CCPA. The complaint can also be sent to the CCPA by e-mail. The CCPA said it has observed, through grievances registered on NCH, that hotels and restaurants are levying service charge in the bill by default without informing consumers that paying such a charge is voluntary. “Further, service charge is being levied in addition to the total price of the food items mentioned in the menu and applicable taxes, often in the guise of some other fee or charge,” it added. The guidelines state that a component of service is inherent in price of food and beverages offered by a restaurant or hotel. “Pricing of the product covers both the goods and services component. There is no restriction on hotels or restaurants to set the prices at which they want to offer food or beverages to consumers. “Thus placing an order involves consent to pay the prices of food items displayed in the menu along with applicable taxes. Charging anything other than the said amount would amount to unfair trade practices under the (Consumer Protection) Act,” the guidelines said. The CCPA, in its guidelines, said a tip or gratuity is towards hospitality received beyond basic minimum service contracted between the consumer and the hotel management, and constitutes a separate transaction between the consumer and staff of the hotel/restaurant at the consumer’s discretion. Only after completing the meal, a consumer is in a position to assess the quality as well as service and decide whether or not to pay a tip and if so, how much. The decision to pay a tip by a consumer does not arise merely by entering the restaurant or placing an order. “Therefore, service charge cannot be added in the bill involuntarily, without allowing consumers the choice or discretion to decide whether they want to pay such charge or not,” the guidelines said. Further, any restriction of entry based on collection of service charge amounts to unfair trade practice, it added. According to an official statement, various cases relating to levying of service charge have also been decided by consumer commissions in favour of consumers, holding the same as an unfair trade practice and in violation of consumer rights. Kannada play stopped mid-way by Hindutva activists in Karnataka [A group of people said to be associated with Bajrang Dal stopped the staging of a Kannada play]( mid-way at Anavatti in Sorab taluk of Shivamogga district in Karnataka on July 3. While the play was under way, a group of people raised slogans and went on the stage. They forced the actors to abandon the play and the audience to leave the venue. Rangabelaku, a Shivamogga-based theatre group, was staging Jategiruvana Chandira, a play written by well-known writer and lyricist Jayant Kaikini at Veerashaiva Kalyana Mandira in Anavatti. Raghu Purappamane is the director of the play, which is a Kannada adaptation of ‘Fiddler on the roof’ by Joseph Stein. [A Kannada play was stopped mid-way by a group of Bajrang Dal people at Anavatti in Sorab taluk of Shivamogga on Sunday night. ] The programme was jointly organised by the Kannada Sahitya Parishat, Karnataka Janapada Parishat and Kannada Samskruthika Vedike units of Anavatti. The play began around 7.45 p.m. While it was under way, a group of Bajrang Dal activists led by Sridhar Achar told the organisers to stop the play, arguing that the play, featuring Muslim characters, should not have been allowed to be staged in the village. Kotrappa G. Hiremagadi, a senior member of the Rangabelaku team, told The Hindu that, as he was getting prepared to enter the stage, he got calls from the organisers who wanted to talk to him about the pressure on them to stop the play. “A couple of minutes before my entry, a couple of people raised slogans and went up on stage, leaving all of us in shock and fear. We never anticipated such a development,” said Kotrappa Hiremagadi. Sridhar Achar, a local Bajrang Dal activist, maintained that a play featuring Muslim characters would not be allowed to be staged in a marriage hall that belongs to Veerashaivas. He told the audience to leave the venue. Kotrappa Hiremagadi said, “Our troupe has been staging plays for the last 15 years. We chose the play to spread communal harmony and peace in society. A team of 22 actors, including six women, had been to the village to stage the play.” Sub-inspector Rajeev Reddy of Anavatti Police Station, received information about Sridhar Achar and a couple of other men disrupting the play. By the time police reached the venue, the play had been stopped, he said. Many theatre lovers have expressed shock over the incident on social media platforms, and have demanded action against the culprits. Don’t nudge us to seek independent Tamil Nadu: DMK’s A. Raja seeks autonomy with CM Stalin on stage [DMK leader A. Raja has implored Prime Minister Narendra Modi and Union Home Minister Amit Shah]( to provide ‘State autonomy’ to Tamil Nadu, and not push them to seek an independent country. Though the icon of the Dravidian movement, Thanthai Periyar stood for an independent Tamil Nadu, the DMK moved away from it, Raja said on Sunday addressing a party meet of representatives of urban local bodies. The conference was held in Namakkal in western Tamil Nadu. The party, though it accepted Periyar, backed integrity and democracy and said, ‘long live India’ and the party continues to stick to that line. “I am telling Amit Shah and the Prime Minister with utmost humility, I implore you in the presence of (our) leaders on the dais, our Chief Minister is journeying on the path of Anna (C.N. Annadurai, former Chief Minister and DMK founder), do not push us on the path of Periyar. Do not make us seek a separate country, give state autonomy and we will not rest till then,” he said. Raja’s remark invited sharp criticisms in the social media with several hitting out at him for ‘separatist’ comment. Tamil Nadu Bharatiya Janata Party (BJP) vice-president Narayanan Tirupathi condemned Raja’s remark as ‘blatantly divisive’. Rejecting criticisms against the remark, DMK spokesperson Constantine Ravindran said Raja has made it amply clear that the party travelled on the path of Anna, fully supporting India’s integrity and the principles of democracy. The message sought to be conveyed by Raja was that Tamil Nadu should be given autonomy to work towards development and uphold its rights as enshrined in the Constitution. Tamil Nadu Governor R.N. Ravi has not given his assent to several Bills passed by the State Assembly, he said, and wanted to know if hampering development was the idea of the Union Government. Under the BJP-led dispensation, the State government does not have any rights whatsoever, he told PTI. It may be recalled that Raja’s comment comes against the background of DMK sticking to the term ‘Ondriya Arasu’ (Union government) in Tamil to refer to the Centre ever since it assumed office in May 2021 in the State. Though ‘Mathiya Arasu’ is a relatively more common usage, the DMK has stuck to ‘Ondriya Arasu’ to underscore ‘federalism’ principles and to push ‘State autonomy’. The DMK had also said that India is a Union of States according to the Constitution. In Brief The Congress has registered an FIR against BJP MPs Rajyavardhan Singh Rathore and Subrat Pathak on its complaint related to a fake video of Rahul Gandhi, allegedly aimed at disturbing communal harmony. The FIR against the MPs and three others was lodged in Chhattisgarh’s Bilaspur. This comes after Congress general secretary Jairam Ramesh wrote to BJP president JP Nadda demanding action against Rajyavardhan Singh Rathore and Subrat Pathak for spreading fake news against Rahul Gandhi. Jairam Ramesh also sought for the doctored video to be removed from the BJP MPs’ Twitter timelines. The [Supreme Court on Monday agreed to list next week a plea challenging the Agnipath recruitment scheme]( to the Armed Forces. In an oral mentioning made before a Vacation Bench led by Justice Indira Banerjee, advocate Kumud Lata Das, appearing for 31 Air Force aspirants, said the scheme should not be made applicable for those who are already undergoing the selection process. The petitioners are awaiting their enrolment as Airmen in the IAF in Group ‘X’ Trades (Except Education Instructor) and Group ‘Y’ (Except Auto Tech, IAF(P), IAF(S) and Musician Trades) for Intake 02/21 conducted by the Central Airmen Selection Board (CASB). 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