Karwar is a port town tucked between the sea on one side and the Western Ghats on the other, Karwar is an unexplored destination. An attempt is made to List the Tourism Potential and all the Good things that one can see and do and explore in Karwar.
Thursday, December 30, 2010
Karwar - the new destination for this New Year - Times of India
Many tourists who could not get rooms at lodges in Goa have arrived at Karwar where lodges and resorts are now houseful till January 5. Most of the resorts and the lodges in Goa were reserved almost three months in advance by tourists who wanted to ring in the New Year here. This caught tourists from Karnataka, Kerala and Tamil Nadu off guard.
Police in Goa too discourage heavy inflow of travellers on the eve of New Year as it leads to chaotic traffic and poses security problems. Once the lodges and resorts in Goa are at their full capacity, police block vehicles carrying new tourists at the border till the first week of January. The threat of a terrorist attack in Goa has also had its effect with many people opting for other places to celebrate New Year. One of them being the beaches of neighbouring Uttara Kannada. The tourists visiting Karwar are mainly fromBangalore and Mysore.
Jayant, a software engineer from Bangalore came to Goa with plans for December 31 but was left without an accommodation. So he changed routes to Karwar. Staying at a resort, he said he found the beaches of Karwar very enjoyable. "Unlike the ones in Goa, the beaches here stretch for miles. The islands in the Kali river and the scenery at the confluence of Kali and the Arabian sea are excellent," he said and plans to stay till January 2. "I intend to visit sometime next year too," he said.
For others, unavailability isn't always the case. A group of college students from Kolar came to Goa only to find that a basic room costs between Rs3000 and 5000. They too headed to Karwar. "It is cheaper here and the place is very scenic," they said.
Another tourist lamented that the state tourism department needed to do more to promote Karnataka as a holiday destination. Places like Murudeshwar and Gokarn are not far behind. With plenty of holidaymakers here, hotel owners, tourist guides and cab owners are a happy lot. That makes for a joyous note on which to end 2010.
Read more: Karwar's the new Goa - The Times of India http://timesofindia.indiatimes.com/city/hubli/Karwars-the-new-Goa/articleshow/7187025.cms#ixzz19ZVEFj80
Wednesday, December 29, 2010
Karwar and not Goa is the preferred destination for many, this year-end - Indian Express
Source - http://expressbuzz.com/states/karnataka/tagore%E2%80%99s-inspiration-is-now-tourists%E2%80%99-spot/234501.html
Thursday, December 2, 2010
Pune Ernakulam B Weekly Superfast Train Only One Stop In Karnataka Petition - IndianVoice.org
Read more at: http://www.ndtv.com/article/others/panaji-a-new-train-on-the-konkan-railways-69138?cp
Train 2519/2520 Ernakulam -Pune-Ernakulam bi-weekly super fast express will leave Ernakulam on Tuesdays and Fridays at 5.15 am and will reach Pune at 5.50 am, next day. From Pune, this train will leave on Sundays and Wednesdays at 6.45 pm and will reach Ernakulam Junction at 7 pm the next day. This train will have stoppages at Thrissur, Shoranur, Tirur, Kozhikode, Thalassery, Kannur, Kasargod, Mangalore Junction, Madgaon, Savanthavadi Road and Panvel.
Read more: Ernakulam-Pune bi-weekly from today - The Times of India http://timesofindia.indiatimes.com/city/mangalore/Ernakulam-Pune-bi-weekly-from-today/articleshow/6996973.cms#ixzz16y4Jke1B
The newly started Pune-Ernakulam express train covers a distance of 353 kms in Karnataka. However, it has been given stops only at Mangalore Junction station. In Kerala, it covers 419 kms, but seven stops have been given there, at Kasargod, Kannur, Talassery, Kozhikode, Tirur, Shoranur and Trissur.
No Stop even at district headquarters like Udupi and Karwar, makes the people of the region to question the motive behind this neglect towards Karnataka.
Its High Time, people of Karwar stood up and demand for the Train to Stop at Karwar, which is a District H.Q. and wake up our respective Representatives...
Wednesday, November 17, 2010
Demand for a new Kadwad-Sunkeri Bridge
The near-disqualification of the Karwar Constituency has silenced the voice of the Kadwad villagers in the Assembly, and they have no voice to vent their demands.
The apathy of the Government to respond to the needs of the people, combined with the alleged discriminatory approach of the District-In-Charge Minister, to favor his Sirsi Constituency, at the cost of the other taluks of the District, and the hasty decision of the Karwar Constituency MLA Anand Asnotikar earning his dsqualification, has watered down the hopes of the people of this Region, to see any developmental works in Karwar. The very own BJP party of the Minister is dis-illusioned about his attitude as per this Report
Tuesday, September 28, 2010
Cycle rally to popularize tourist spots
The jatha, which is being carried out in connection with the Greater Canara Green Tourism, will cover 250 km from Dudhasagar Falls to Jog Falls. The jatha will begin at 8 am on October 8 and reach Jog on October 10.
He said the jatha will showcase the green tourist spots of the district, apart from conveying a message to protect the forests and environment. It will also give job opportunities for the youths, he added.
Cyclists of national and international fame will participate in the jatha, along with cadets of National School of Defence, Bijapur, for whom, a cycle race of 70 km will be arranged. The first three victorious candidates will be awarded the Greater Canara Parisarashri award.
Mallesh said it is mandatory for guards, foresters, forest officers and assistant conservator of forests to participate in the rally, while interested youths, college students can also join in, he added.
The CM will inaugurate it at the Railway school ground at Castle Rock on October 8, along with cricketer Anil Kumble, vice-president of Karnataka Wildlife Suggestion Committee. Tourism minister Janardhana Reddy will inaugurate the adventure camp and forest minister C H Vijayashankar will participate in the rally, apart from ministers, MLAs, MP, other public representatives, environment experts and writers.
Read more: Cycle rally to popularize tourist spots - The Times of India http://timesofindia.indiatimes.com/city/hubli/Cycle-rally-to-popularize-tourist-spots/articleshow/6638418.cms#ixzz10pqYRXK8
Thursday, July 15, 2010
Karwar Politics - Prabhakar Rane vs Asnotikar Vasant Kamalakar And ... on 1 July, 2002
Prabhakar Rane vs Asnotikar Vasant Kamalakar And Anr. on 1/7/2002
ORDER
S.R. Bannurmath, J.
1. This election petition is filed questioning the election of the 1st respondent-Sri Vasant Kamalakar Asnotikar to the Karnataka Legislative Assembly from No. 172, Karwar Assembly Constituency. The petitioner and the 1st and 2nd respondents had contested in the General Election for constituting the 11th Karnataka Legislative Assembly and all these three candidates had contested from No. 172, Karwar Assembly Constituency segment. The petitioner contested as the candidate sponsored by Bharatiya Janatha Party, the 1st respondent as the candidate sponsored by Indian National Congress and the 2nd respondent sponsored by Janatha Dal. According to the petitioner, he has been contesting from No. 172, Karwar Assembly Constituency since 1983. According to him, in the years 1983, 1985 and 1993 he contested as the Indian National Congress candidate and got elected. However, in the election of 1994 he lost the election due to Anti-Establishment Movement and division in the Indian National Congress in Karnataka. According to him, in that election it was the 1st respondent who got elected. Thereafter, in the present election of 1999 he again lost in the election. Further, according to him, he lost the election because of the corrupt practices carried out by the 1st respondent. Hence, the present petition.
2. The contention of the petitioner is that the segment No. 172 of Karwar Assembly Constituency comprises of approximately one lakh and twenty-one thousand and odd voters belonging to different castes and religions. Out of the different categories of castes, according to the petitioner, there are 16 Communities which have large number of voters and whose votes decide the fate of a candidate. These communities and their population are as follows:
__________________________________________________________________
Sl. No. Caste/Community Population
_________________________________________________________________
1. Maratha 26,000
2. Komarpath 16,000
3. Bhandari 14,000
4. Fisherman Gabit 5,500
5. Harikanth Fisherman 6,000
6. Padti 8,500
7. Muslim 7,000
8. Christian 5,000
9. Dalwajnma Brahim 5,000
10. Devali 5,000
11. Halakki Vakkal 5,000
12. Brahamin 4,000
13. Kunabi 4,000
14. SC/ST 3,000
15. Gunagi 3,000
16. Napith 2,500
And others 2,700
_________________________________________________________________
It is contended that these communities are tribal like in nature and are bound by their own laws. It is stated that these castes/communities live unitedly in particular areas in a group/community basis and are controlled by their Chiefs, Headsman as well as the Priests of their principal deity and whose words are the last law for them. It is further contended that if the Chiefs or the Priests of these communities mandate the community people to do or not to do certain things and those mandates must be obeyed by one and all and, if not, the individual will be practically excommunicated and has to suffer throughout his life because of want of help from the community people.
3. The petitioner contends that taking disadvantage of these community regulations and rules, the 1st respondent had arranged series of meetings either in their principal worshipping deity's temples or in their community halls and were mandated by the Priests and the Chiefs to vote in favour of the 1st respondent. This was totally a corrupt practice, according to the petitioner. Further, in furtherance of the same, it is contended that appeals to the voters of each of these communities on the basis of their castes and communities have been carried out systematically in the meetings so arranged as well as by publication of advertisements in a local newspaper called as "Karavali Munjavu". According to the petitioner, this is the only newspaper which is widely circulated and read by each and every person in Karwar District. He contends that series of appeals to various communities through their elders and prominent persons holding key posts in the Government and Congress (I) party (1st respondent's party) have influenced the voters to cast the votes in favour of the 1st respondent.
4. Analysing the vote pattern, it is submitted that the total number of voters was 1,21,395 out of which 74,256 votes were polled which is almost 61 per cent. The petitioner got 28,546 votes whereas the 1st respondent got 42,502 votes. Thus the difference between the votes obtained by the petitioner and the votes obtained by the 1st respondent was 13,956 votes. It is stated that the votes tainted by the corrupt practices were about 60 per cent. Hence, if the 1st respondent had not resorted to corrupt practices, according to the petitioner, he would have obtained more than what the 1st respondent got in his favour. As such, the declaration the 1st respondent as the winning candidate, because of these tainted corrupt practices, is illegal and is liable to be quashed and further, as the petitioner himself was the second highest polled candidate he may be declared as 'elected'.
5. In order to establish the contentions, the petitioner has examined 18 witnesses and got marked Exhibits P. 1 to P. 34. Out of these witnesses, P.W. 1 is the petitioner himself. P.W. 2-Ashok Ganapathi Bhat is the Assistant Commissioner, who was the Returning Officer of the election. P.W. 3-Gangadhar Hiregutti is the Managing Director and Editor of 'Karavali Munjavu' newspaper, who speaks about the publication of the advertisements. P.W. 4-Ashok Hasyagar is the Editor of the newspaper 'Karavali Munjavu'. P.W. 5-Kishore Kumar Ramdas Desai is an Advocate and President of Uttara Kannada District Consumers and Welfare Association and Secretary of Nagarika Hitarakshana Samithi, Karwar. P.W. 6-Mahabaleshwar is a Tax Consultant and Social Worker. P.W. 7-Kishore Raghunath Shajwadkar is an ex-serviceman and businessman and a voter belonging to Davara Gomanthaka Samaj Community. P.W. 8-Jack Michael Fernandis is a voter belonging to Roman Catholic Christian Community. P.W. 9-Ramesh Nagappa Gowda is a voter belonging to Hindu Halakki Vokkala Community and Secretary to Nagarika Vedike and Social Worker. P.W. 10-Santhosh Damodara Mal-shekar is a voter belonging to Komar Panth Community and President of Uttara Kannada Zilla Komara Panth Yuvakara Sangha. P.W. 11-Nagesh Vishnu Padelker is a voter belonging to Gabit Samaj. P.W. 12-Santhosh Shamba Kochrekar is a voter and belongs to Hindu Padthi Samaj. P.W. 13-Promod S. Hulawar is a voter and belong to Mahar, a Scheduled Caste. P.W. 14-Pandu Rona Harikant is a voter and belong to Meenugara Harikantha Community. P.W. 15-Nityananda Shantaram Joglekar is a voter and belongs to Hindu Bhandari Community. P.W. 16-Shantha Ganapathi Mahalay is a voter and belongs to Napitha Community. P.W. 17-Nanda Shiva Pagi is a voter and belongs to Pagi Community. P.W. 18-Thuva is a voter belonging to Gunagi Community.
6. It is to be mentioned here itself that the evidence of P.Ws. 7 to 18 in general is to the effect that their respective communities were under the control of their own Samajs or Organisations which had their elders who practically controlled day in and day out activities of their communities. All these witnesses specifically contend that the Community people cannot go against the wishes or mandates of the Samajs or Organisations' elders and, if anybody dares to do so, he would be inviting much trouble not only in his profession but also in his personal and social functions like marriage, death or birth in his family.
7. At this stage itself it is also to be mentioned that immediately after the filing of the election petition, the 1st respondent died in a tragic circumstance. When the fact of the death of the 1st respondent was brought to the notice of this Court, in terms of Section 116 of the Representation of People Act (hereinafter referred to as 'the Act') notice of death of the 1st respondent and calling upon any person interested in opposing contesting the election petition was issued. In pursuance of the same, one Smt. Subhalatha Vasant Asnotikar and one Anand Vasant Asnotikar, wife and son of the deceased 1st respondent had filed application to come on record in the place of the deceased 1st respondent. This application was contested by the petitioner on the ground of limitation.
8. Considering the rival contentions and the law in this regard, by the order dated 5-1-2001 this Court rejected the applications (LA. Nos. I and II) of the said persons on the ground that the same was barred by time and especially as the provisions of Section 5 of the Limitation Act are not applicable to the case of the present nature under the Act.
9. Thereafter, the evidence of the aforesaid witnesses came to be recorded which practically went unopposed as there is no cross-examination by any other respondents. It is also to be noted that, as the recording of evidence on behalf of the petitioner came to an end, one more application came to be filed by one Tulasidas Naik claiming to be a voter and interested in the same relief, viz., getting himself impleaded in this petition. However, following the ruling of this Court on I.A. Nos. I and II, these applications (I.A. Nos. IV and V) were also rejected by this Court on 22-1-2002 as barred by time. I am informed at the Bar that these orders were challenged in special leave petitions before the Hon'ble Supreme Court. But, the Hon'ble Supreme Court has dismissed the special leave petitions at this admission stage itself. As such, as stated earlier, the evidence on behalf of the petitioner has practically remained unchallenged and uncontroverted because of there being no cross-examination.
10. Learned Counsel for the petitioner taking me through various provisions of the Act especially Section 123(3) and (3-A) vehemently contended that, as demonstrated by the petitioner through oral and documentary evidence that there were systematic appeals to the voters on the basis of castes and communities through paper publications and advertisements, there were series of appeals to various communities through their elders holding key posts and belonging to Congress (I) Party, the party of the 1st respondent, holding various meetings by community people which attended by the 1st respondent wherein various services rendered by the 1st respondent were highlighted for probable and unequivocal support to the 1st respondent was obtained either by mandate or dictates issued by the community elders, Chiefs and Priests. This according to the petitioner amounts to corrupt practices coming within the mischief of Section 123(3) and (3-A) of the Act. Learned Counsel for the petitioner also highlighted taking me through the entire evidence regarding the castes and number of voters belonging to each of the 17 communities to contend that the petitioner has succeeded in demonstrating how the 1st respondent has influenced each of these community people to cast vote in his favour by using Community Chiefs, Heads of the Samajs and Priests. The learned Counsel has also relied upon the evidence of the Editor and Managing Director of the newspaper as well as production of the newspaper items - advertisements - to contend that the very fact of publication of these advertisements by which all these communities made through elders to support the candidature of the 1st respondent and practically issuing mandate to each of the entire community people amounts to corrupt practice. It is also contended that, as the evidence of the various voters belong to different communities indicate practically a decision was taken at the community meeting by the Heads of the communities and was imposed on the voters practically amounting to mandates or dictates with undisclosed threat of the consequences and not following the dictates. Thus, it is contended that all these votes even with moderate estimate of 20,000 were to be held to be void because of the corrupt practice and, if so, declare the number of votes secured by the petitioner would be apparently more than what was secured by the 1st respondent and as such not only the election of the 1st respondent is to be annulled but also the petitioner is entitled to be declared as successful candidate.
11. To emphasise his arguments, the learned Counsel for the petitioner has relied upon the following decisions:
1. Samant N. Balakrishna v. George Fernandez and Ors., ;
2. Chandrakanta Goyal v. Sohan Singh Jodh Singh Kohli, AIR 1996 SC 86 ;
3. Lalroukurig v. Haokholal Thangjom, (1969) 4 1 ELR 35 (SC) : 1969 UJ (SC) 12;
4. S. Harcharan Singh v. S. Sajjan Singh and Ors., ;
5. M. Chenna Reddy v. V. Ramachandra Rao and Anr., (1968) 40 ELR 390 : 1968(8) DEC 337 (SC);
6. Ramakant Mayekar v. Smt. Celine D'Silua, ;
7. Jamana Prasad Mukhariya v. Lachhi Ram and Ors., AIR 1954 SC 686;
8. T. Nagappa v. T.C. Basappa and Ors., ; and
9. Kultar Singh v. Mukhtiar Singh, .
12. Taking into considerations of the petitioner, this Court had framed the following issues for consideration;
1. Whether the petitioner proves that the 1st respondent or his agent or any other person with the consent of the 1st respondent or his election agent appealed the voters of No. 172, Karwar Assembly Constituency to vote or refrain from voting on the ground of his religion, caste and community which amounts to corrupt practice as per Section 123(3) and (3-A) of the Act?
2. Whether the petitioner proves that the election of the 1st respondent is liable to be declared as null and void on that count corrupt practice and whether the petitioner is entitled to be declared as elected from No. 172, Karwar Assembly Constituency to the Karnataka Legislative Assembly?
3. What order?
13. Before going into the merits of the case it would be necessary to keep in mind the law declared by the Apex Court in respect of the pleadings, evidence, its appreciation, etc., in election petition cases. This is more so to be considered and strictly followed especially in the present case wherein the petition and the evidence adduced by the petitioner has remained practically unchallenged.
14. A few of the well-settled judgments are as follows:
1. D.P. Mishra v. Kam,al Narayan Sharma, ;
3. Gadakh Yashwantrao Kankarrao v. E.V. alias Balasaheb Vikhe Patil, .
15. In all these and other cases the settled law and the principles laid down are as follows:
(1) That the charge of corrupt practice is to be proved like a criminal charge and that the same standard of proof as is required in criminal cases is to be applied in the testing of evidence of corrupt practice in an election petition.
(2) The allegations of corrupt practices must be established by clinching and impeachable evidence.
(3) Vague allegations and discrepant evidence may only create a doubt but then the charge of corrupt practices cannot be held to be proved on mere lurking suspicion or doubt.
(4) Requirement of proof of corrupt practices is higher and is confined to restrict legal evidence.
(5) The proof of corrupt practice vitiates the election by itself. It is not necessary to prove in such a case, that it has materially affected the election. It is therefore necessary that such corrupt practices must be clearly alleged and cogently established.
16. Keeping in view these principles let me consider the case on hand.
17. As noted earlier the only grounds of challenging the election of the respondent 1 are the corrupt practices as per Section 123(3) and (3-A) of the Act.
Section 123(3) reads as follows:
"The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, such as the national flag or the national emblem for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate".
18. The petitioner has also invoked provisions of Section 123(3-A).
This provision defines another type of corrupt practice. It states the promotion of or attempt to promote, feeling of enmity or hatred between different classes of the citizens of India on ground of religion, race, caste, community or language, by candidate or his agent or any other person with the consent of the candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(a) The pleadings and the evidence of the petitioner in this regard are the series of appeals to various communities through their leaders holding key posts and all belonging to the political party of respondent 1;
(b) Holding of various meetings by the community Heads to declare support in favour of respondent 1 and in most of these meetings respondent 1 was present;
(c) Publications of advertisements in the only local and much read daily newspaper called 'Karavali Munjavu' by various communities, in which systematic appeals were made by very prominant persons of each community who also hold important posts either in the Government service or in the local bodies all belonging to the party of the returned candidate.
19. Again, before going into the evidence in this regard it would be necessary to analyse the provision of Section 123(3) which is in four parts:
(a) There should be an appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent;
(b) To vote or refrain from voting for any person;
(c) On the ground of his religion, race, caste, community or language;
(d) For the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
It is to be noted that so far as (a) and (b) are concerned there is enough material produced by the petitioner, both oral and documentary, to show that there were series of appeals by various religious/community leaders or by prominent persons of the community holding key posts to vote in favour of the respondent 1.
20. The petitioner has not only produced series of advertisements, which appeared in the local newspaper at Exs. P. 2 to P. 11 and P. 32, but also has examined two editors as P.Ws. 3 and 4.
21. These editors have spoken to about the circulation of the newspaper, its wide acceptance and reading in the Karwar district etc. They also have spoken to placement of these advertisements by various communities showing their support in favour of respondent 1. They have also spoken to the proceedings initiated by the Returning Officer in respect of these advertisements and the orders passed in that regard. Apart from these two persons connected with the newspaper, the petitioner has also led evidence of P.W. 5, 15, independent voters about these advertisements and the proceedings initiated by the returning officer.
22. In my view there is sufficient and cogent evidence to hold that there were series of advertisements published in the newspaper by various communities showing their support in favour of respondent 1.
23. But for the purpose of the Section 123(3), mere placing of advertisements in the newspaper by itself cannot be said to be an act of corrupt practice. Advertisements are part and parcel of election campaigning. To bring this act within the purview of Section 123(3) of the Act, something much more is required. This is clear from the analysis of the provision I have already noted.
24. These appeals or advertisements should be not only to vote or refrain from voting for any person but also appeal should be on the ground of his religion, race, caste, community or language and thereby to further the prospects of the election of that candidate will be bright or it will prejudicially affect election of other candidates.
25. As such the petitioner is required to show that these appeals or advertisements were by respondent or his agent or by any other person with the consent of respondent or his election agent, and this appeal was to vote or refrain from voting for petitioner and most importantly these appeals were made on the ground of his religion, race, caste, community or language,
26. On going through the evidence of the witnesses and the alleged appeals through advertisements no doubt it is clear that they were made, showing the support of individual communities in favour of respondent 1. But there is no positive evidence to show that these advertisements were by the candidate or his agent. Except vague statements made before this Court that it was the respondent 1 who paid for the same, there is no indication even to show or prove such thing.
27. In fact the evidence of the editors themselves if seen along with the documentary evidence especially Exs. P. 27 to P. 31 the statement filed by the editor to the returning officer as per the mandatory requirement to show the expenses, there is nothing to indicate that these advertisements were placed by the candidate or his agent. In this regard an attempt has been made by the petitioner to say that the same were financed by the respondent either by himself or through his supporters.
28. It is to be noted that when the documentary evidence, Exs. P. 27 to P. 31 belies this statement, in my view the vague allegations cannot be excepted.
29. Even otherwise for a moment for the sake of argument if it is accepted that these advertisements were placed by the supporters of the returned candidate, that by itself will not bring them within the purview of Section 123(3). Because the petitioner has further to prove the other necessary ingredient which is the appeals or advertisements were to vote in favour of the returned candidate on the ground of his religion, caste, community or language.
30. On going through each of these advertisements minutely and in detail, I do not find such appeal to vote in favour of the returned candidate on the ground of his religion, race etc. These advertisements were placed by a number of communities and castes through their organisations to show their support in favour of the returned candidate but there is no appeal to vote in his favour on the ground of his religion, caste etc.
31. At this stage itself it is relevant to note that even appealing to the voter by any religious organisation by itself is not a corrupt practice.
32. Considering this aspect Honourable Supreme Court in the case of Ram Dial v. Sant Lal, , has observed thus:
"A religious leader has a right to exercise his influence in favour of any particular candidate by voting for him and by canvassing votes of others for him. He has a right to express his opinion on the individual merits of the candidates. Such a course of conduct on his part, will only be a use of his great influence amongst a particular section of the voters in the constituency; but it will amount to an abuse of his great influence if the words he uses in a document, or utters in his speech, leave no choice to the persons addressed by him, in the exercise of their electoral rights".
33. In the present case on going through the advertisements by the various groups or communities or even by their leaders does not indicate that they were mandates or dictates of the community leaders to vote in favour of the returned candidate on the ground of his caste, religion etc. What all that is stated in these advertisements is that the communities feel grateful to the services done by the returned candidate earlier and as such they show their support in his favour and nothing more.
34. Added to this what is relevant is to see whether these appeals were on the ground of "his" religion or caste etc. In my view the stress is more on the word "his".
35. As observed by the Apex Court in the case of Dr. Ramesh Yesh-want Prabhoo v. Prabhakar Kashinath Kunte and Ors., :
"There can be no doubt that the word "his" used in Sub-section (3) must have significance and it cannot be ignored or equated with the word 'any' to bring within the net of Sub-section (3) any appeal in which there is any reference to religion. The religion forming the basis of the appeal to vote or refrain from voting for any person, must be of that candidate for whom the appeal to vote or refrain from voting is made. This is clear from the plain language of Sub-section (3) and this is the only manner in which the word 'his' used therein can be construed. When the appeal is to vote on the ground of 'his' religion for the furtherance of the prospects of the election of that candidate, that appeal is made on the basis of the religion of the candidate for whom votes are solicited. On the other hand when the appeal is to refrain from voting for any person on the ground of 'his' religion for prejudicially affecting the election of any candidate, that appeal is based on the religion of the candidate whose election is sought to be prejudicially affected. The first is a positive appeal and the second a negative appeal. There is no ambiguity in Sub-section (3) and it clearly indicates the particular religion on the basis of which an appeal to vote or refrain from voting for any person is prohibited under Sub-section (3)".
"Sub-section (3) in substance forbids appeal for votes for any candidate on the ground of 'his' religion and appeal to refrain from voting for any other candidate on the ground of the religion of that other candidate. Obviously the purpose of enacting the provision is to ensure that no candidate at an election gets votes only because of his religion and no candidate is denied any votes on the ground of his religion. This is in keeping with the secular character of the Indian polity and rejection of the scheme of separate electorates based on religion in our constitutional scheme. An appeal of the kind forbidden by Sub-section (3) based on the religion of a candidate, need not necessarily be prejudicial to public order and, therefore, the further element of likelihood of prejudice to public order is necessary on account of which it is not implicit in the provision".
36. In my view the aforesaid dicta laid down by the Honourable Supreme Court is most relevant in the present case. It is not the case of the petitioner that various religious communities or organisations and their leaders have made the appeal through these advertisements to the voters on the basis of either the religion of petitioner or that of the respondent.
37. In this regard the learned Counsel for the petitioner tried to contend that the word 'his' cannot be read in isolation or as applicable only to the word 'candidate'. It is contended that under the scheme of Section 123 three types of appeals with reference to the religion or caste or community etc., are contemplated. According to the petitioner this appeal may be with reference to the religion of the candidate, religion of the election agent or the religion of any other person with the consent of the candidate or his agent. I am afraid to accept this contention as far-fetched especially in the light of the clear law laid down by the Honourable Supreme Court in Ram Dial's case, supra. In my view the word 'his' has to be read in isolation and only in connection with the religion, caste, community etc., of either petitioner or the respondent. It cannot be used universally that is to say religion, caste, community etc., of any and every person who is making the appeal.
38. In the present case, in my view since the advertisements were neither made in favour of the petitioner nor the respondent referring to the individual religion, caste, community etc., but was an appeal made by organisations of various castes and communities through their leaders, the same cannot and would not be falling within the necessary ingredient of Section 123(3) of the Act.
39. As observed by the Honourable Supreme Court in the case of Baburao Patel v. Dr. Zakir Hussain, ,
"Mere canvassing in favour of a candidate at an election cannot amount to interference with the free exercise of the electoral rights. If the leader of the party indicates to the members of his party for whom to vote, he is merely canvassing which he is entitled to do in a democratic set up".
(emphasis supplied)
If in the above marked sentence for the words 'leader of the party', the words 'leaders of the organisation or religious caste, community etc.' is substituted or added, in my view the argument in this regard addressed by the learned Counsel for the petitioner fails and cannot be accepted.
40. As such I am constrained to hold that the petitioner has failed to prove the allegation of corrupt practice as mentioned in Section 123 especially under Sub-section (3) of the Act.
As such in my view the petitioner has totally failed to bring home the charge of corrupt practice under Section 123(3) beyond reasonable doubt and on this count alone the petition must fail and liable to be rejected.
41. Even otherwise considering the other argument that the respondent had carried a systematic appeal by arranging community or caste meetings with the help of the leaders of each community or the priests or the religious/community heads is concerned, this does not fall within the parameters of Section 123(3). If any argument is available, the same may fall under Section 123(2), but since there are no pleadings in the election petition as a ground of corrupt practice falling under that section, petitioner cannot raise the same only during argument. As such the evidence and argument of undue influence if any cannot be considered as they are not pleaded in the election petition.
42. Similarly, insofar as argument regarding Section 123(3-A) is concerned, it is the act of promotion of, or attempt to promote a feeling of enmity or hated between different classes of the citizens of India on the ground of religion, race, caste, community or language, by candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate, is concerned again the stress given is on promotion of or attempt to promote feeling of enmity or hatred between different classes or communities or castes. There are no pleadings much less evidence adduced in this regard. In this regard it is contended that by arranging the meetings in the community halls or temples of each of the community, wherein the achievements of the returned candidate were highlighted and even promises were made for future help if elected and especially when the respondent was present in most of these meetings, according to the petitioner this was an act to promote the candidature of the respondent only on the ground of caste, religion, community etc.
43. In my view this again does not fall within the purview of Section 123(3-A) amounting to promoting or attempt to promote communal hatred.
44. I have gone through all the decisions referred to by the learned Counsel for the petitioner in support of his contentions and in my view none of them are applicable to the facts and circumstances of this case, as in all the decisions referred to, the challenge and the evidence was in respect of appeals made by the candidate or his agent or by any other person with the consent of the candidate or his agent to vote or refrain from voting on the ground of religion, race, caste, community or language, of either the returned candidate or the losing candidate. As earlier discussed in the present case since the petitioner has failed in this regard in my view it is not necessary to discuss each of the decisions and their applicability.
45. In the result, I hold that the petitioner has failed to prove his case and as such the election petition fails and same is liable to be dismissed.
Hence, I hereby dismiss the election petition as devoid of merits with cost.
Friday, April 16, 2010
Naval Base at Karwar - The Untold Agony in the Achievements...
This comes after a long delay since the ambitious `Project Seabird' to build the futuristic Karwar naval base was first approved by the government way back in 1985 at an initial cost of Rs 350 crore. Budgetary constraints derailed the project for a decade before a truncated Phase-I was approved in 1995, with the work finally commencing in 1999 with a Rs 2,500 crore fund allocation.
"Phase-I is now fully complete. We have 10 warships based there. Now, the detailed project report for Phase-II is in the final stages. After approval by the Cabinet Committee on Security, construction will begin next year,'' Navy chief Admiral Nirmal Verma told TOI. Navy will be able to berth 25 to 30 big warships at Karwar after Phase-II gets over by 2017, he added. The base will also house a wide variety of smaller ships, including 10 of the 80 fast-interceptor craft of Sagar Prahari Bal, the specialised force being raised for coastal security after the 26/11 terror attacks on Mumbai.
Source - Times of India
INS Kadamba
INS Seabird
Land belonging to the late Vishnu Siddappa Naik, the late Datta Siddappa Naik, and their brother, Mohan Siddappa Naik, located in Chendia Aligadda village, had been acquired by the land acquisition officer in the year 1989. The land owners, dissatisfied with the price offered for their lands, had approached the court for enhancement of compensation, which was granted by the civil court here. Thereafter, the government had filed a special leave petition in the High Court to approach the Supreme Court against the court order, which was declined. The appeal filed by the estate officer of the department of defence in the court against the court order, is yet to be admitted by the Supreme Court.
The court bailiffs took away chairs, tables, fans, Xerox machine, and cupboards found in the office. Employees of the office, who initially resisted the move, had to move out of the office as they could not function in the office that was being emptied. Advocate for the displaced persons, P S Bhat, said that the court took this step, as the land acquisition officer failed to pay compensation as per the court order, even after several requests were made to him on this issue.
Source - Daijiworld.com
Compensation, a mirage for Seabird land losers in Karwar - Deccan Herald
It is 24 years since the government acquired 2,500 acres of private land from people in Karwar and Ankola taluks to build ‘Seabird,’ the biggest naval base in Asia.
However, compensation has become a mirage for the people who lost their home and hearth for the naval base. The land acquisition process for the project costing Rs 25,000 crore began in 1986. But the compensation distribution has run into a controversy. As a result nearly 25,000 people of 8,000 families have become homeless.
These people had sacrificed their land to strengthen the defence system of the country. However, they are yet to be compensated. The Government had paid just Rs 150 per gunta. Those who lost the land went to the court saying that the sum was too meagre.
The Additional Civil court (Senior Division) directed the government to pay Rs 11,500 per gunta. According to the court order, Geethabai Dayanand Naik, who had given up her land, was given a compensation amount of Rs 4.90 lakh. However, the Defence department appealed to the High Court against the lower court order stating that it was not possible for the government to give such a huge amount. The High Court upheld the order of the civil court. The Department has now filed a special leave petition in the Supreme Court. It will take a long time for the hearing to come up in the Supreme Court.
The majority of the families who have lost land either belong to the fisher community or are farmers. As the seashores are a part of the naval base project, the fishermen are worried about their future. The farmers rehabilitated in a barren land are not able to continue with their agriculture activities.
Source - http://www.deccanherald.com/content/61202/compensation-mirage-seabird-land-losers.html
More - http://onespot.wsj.com/india-news/2010/03/30/a/603926757-compensation-a-mirage-for-seabird/
Despair of the displaced
The displaced families complain that the land in the rehabilitation centres is not fit for cultivation and that the government has not been able to provide them an alternative livelihood. |
Seabird officer issued notice
Monday, March 8, 2010
Woes of North Karnataka - Wikibin.Org
North Karnataka has been severely lagging from all aspects of development.
There is a backwardness in everything fields like Infrastructure, Education, Economy, Government facilities, Rail links, Road transport, Airports, Tourism many more.
Border Dispute
Even though the Kannada Dynasties Kadamba, Rashtrakuta, Chalukya, Vijayanagara Empire ruled the Karnataka, Maharashtra, Andhra Pradesh, Tamilnadu and also the parts of Gujarath. The impact of Kannada is clearly visible in the names of the places, Kannada words used in there literature.
If we trace the history of the Maratha empire, not much difference between
Kannadigas and Marathis and should live together as friends and not enemies.
Karnataka Kshatriya Maratha Parishat clearly said
* The Maharashtra Government should accept the Mahajan Commission report on the boundary issue and Belgaum was part of Karnataka .
* All Marathi speaking people in Karnataka were safe and were living peacefully with Kannadigas.
Maharashtra Claim
Maharashtra laid claim to over 800 villages in Karnataka in Bidar, Belgaum and North Kanara districts.
Boundary dispute between Karnataka and Maharashtra arose over the demarcation of the boundary between both States by the States Reorganisation Act 1956.
Attempt to redemarcation of the boundaries on uniform principles, Discussions and protracted correspondence between the Chief Ministers of two States and even the appointment of a 4 member committee (in 1960) failed. Then Senapathy Bapat, a freedom fighter, and 3 other Maharashtra leaders went on a fast unto death demanding the resolution of the dispute. In October 1966, the Government of India appointed the third Chief Justice of India, Mehr Chand Mahajan, to make recommendations to solve the dispute.
Of the 865 villages and towns villages claimed by Maharashtra, the Commission recommended
(which submitted its report in August 1967) the transfer of 264 villages be transferred from Karnataka. Of the 516 villages claimed by Karnataka, the Commission recommended the transfer of 247 from Maharashtra.
Maharashtra refused to accept the Mahajan Commission Report, But Karnataka accepted the report.
Facts from History
* Historically North Kanara or Uttara Kannada was part of the great Kannada Empires. Initially the Kadamba Dynasty (350 - 525CE). Later the Chalukya Dynasty. Then a succession of dynasties such as the Rashtrakutas, Hoysalas and the Vijayanagara Empire ruled.
* Kavirajamarga (The 9th century writing) refers to the entire area between the Kaveri River and the Godavari River as Kannada country, that implys that the language was popular farther north in present day Maharashtra. Owing to its popularity in modern Maharashtra during medieval times, Kannada has had an influence on the Gujarati language also.
* Inscribed stones and copper plates, found in the neighbouring districts of Ratnagiri and Belganv as well as the state of Kolhapur, inform us that Satara and south Maharashtra, between 550 and 753 A.D. were held by Badami Chalukyas
* People who speak Kannada now have a majority in Belgaum city.
*Kannada Roots of Shivaji : Baliyappa or Balli, an ancestor of Shivaji came from Sorturu in Gadag District in present day Karnataka (North Karnataka) and not from Sorat from Sourashtra.
* The dynastic surname Bhosle or Bhosale of Shivaji, is a derivative of Hoysala Kannada rulers of Karnataka.
* Maharastra Gazetteer on Kolhapur clearly indicates that it was belongs to Kannadigas. Mahalaxmi temple (9th Century) at Kolhapur, Construction initiated by Kannada Rashtrakutas. The oldest part of the temple was the work of the Kannada Early Chalukyas. Within the temple area, below the carved ceiling are standing figures of Jain Tirthankars with inscriptions carved along in an old form of Kannada Language (Hale Kannada).
* At Ajanta and Ellora cave temples you can notice Some of the paintings those belongs to Kannada dynasty Chalukya.
* Kailash temple in Ellora was built by the kannada dynasty Rastrakutas.
* In Maharashtra after the fall of Vakatakas, South Maharashtra was lost to the Kadambasand North Maharashtra was lost to Kalachuris. The new religion of Basavanna had set a great religious revolution there. Basavanna settled down at Sangameshvar in the Ratnagiri district, propounding Shaivism (Veerashaivism) called the Virashaivas.
* The greatness of Vijayanagara Empire and glory of Kannada valour which spread beyond Maharashtra in earlier age.
* Marathi is actually a mongrel language combining the old Dravidian vernacular of the region which would have been close to Kannada and Telugu and the actual Maharashtri Prakrit and Sanskrit. For WORDS OF DRAVIDIAN ORIGIN IN MARATHI CORE VOCABULARY refer [http://ccat.sas.upenn.edu/~fsouth/DravidianElement.pdf]
* During the region of Nanda-Maurya, Kannada got established as a separate language from Proto-Dravidian.
* Kadambas are earliest sovereigns in Karnataka and they had sway over major part of Karnataka, and parts of Goa and Maharashtra.
Kannada impact on Marathi
* Most of the words of Dravidian origin in Marathi appear to come from the languages immediately to the south, that is Kannada Kodagu Tulu.
* Kannada words are the highest in Marathi, spoken under Yadavas (1180-1320).
* Marathi inscriptions of 1222 in Kannada script at Khandoli.
* Marathi was influenced by Kannada and that many Kannada words are found in Jnaneshvari.
* The popular deities of Maharashtra Vitthala, Mahalaxmi, Tulajabhavani and Khandoba have their origin in Karnataka.
* Pune (Punnaka) 8th century, The earliest evidence of copper plates dating 758 AD and 768 AD reveals that this region was ruled by the Kannada Kingdom Rashtrakuta.
* Areas between the Narmada River in the north and Kaveri River in the south came under Kannada dynasty Chalukya.
* Political history of Maharashtra shows use of Kannada) for administrative purposes.
* The Code of Law Document (1670), on the arrival of the Portuguese, was translated into Persian and Kannada (Kanarese).
* In 1810, Stuart M. Elphinston, who became Governor of Bombay, was given a citation in Kannada.
* Going by the influence of Kannada language and culture, Belgaum should have been the State capital.
Belgaum border dispute
Facts from History
* In the past Belgaum was known as Venugrama (means Bamboo village). Evident from the remains of monuments found here, it was a part of the Chalukya Empire(6th to 8th century).
* The history of Belgaum (12th and 13th century), was built and ruled by local rulers called Rattas of Saundatti and they built Belgaum fort.
* Belgaum was later ruled by the Yadavas of Devangiri and then became a part of the great Vijaynagar Empire.
* Belgaum is a Karmabhoomi of Rani Chennamma (First woman freedom fighter of the India, In 1824, ignited the spark of the freedom struggle) of Kittur.
Mahajan Commission
The Central government in 1966 constituted a commission, headed by third CJI Meher Chand Mahajan
, to solve the border dispute between Karnataka and Maharastra. Mahajan Commission had recommended exchange of several villages between Karnataka and Maharastra, but rejected Maharashtra claim on Belgaum.
Politicising the issue
Belgaum Kannada Marathi people are peace loving, Marathi people know Kannada and Kanndiga also speak Marathi and respect each other. But
generally during elections time MES and Shivsena activities again and again raked the border issue.
There is no point in politicising the issue, Belgaum is an integral part of Karnataka and has been
accepted by Government of Karnataka as per the Mahajan Commission report.
Goa Claim
Claim made by Goa Konkani Rajya Ekikaran Manch, on Karwar, Supa and Haliyal in North Karnataka
Fact from History
* So many Kannda words are in use in Konkani.
* Goa was ruled by Kadamba Dynasty Kannada kingdom, having its capital at Halasi in Khanapur taluka of Belgaum District.
* Konkani was written in Kannada script in Goa historically for a long time.
* Kadambas of Banavasi won over some parts of Goa. The province of Goa was later occupied by two important Kannada dynasties, the Badami Chalukyas and Rashtrakutas. Goa saw a great development during this period and established itself as an important business center. Subsequent rulers of Goa, the Kadambas of Goa, actually had Chandavar in Uttara Kannada District as their capital.
Regional Imbalance
Due to the Development activities are concentrated around Bangalore and Mysore.
North Karnataka remains underdeveloped. Due to this, the migration into Bangalore
and to other parts of India increasing. A High Power Committee for redressal of regional imbalances had been set up to study this issue.
It had made several recommendations. The report had stated that at
least Rs 31,000 crore had to be spent for North Karnataka.
Nanjundappa Committee report
S.M. Krishna constituted the Nanjundappa Committee, to study and recommend a comprehensive development programme
to remove regional imbalance in North Karnataka districts.
Nanjundappa Committee report recommended investment of Rs. 16,000 crore over the 5 years to boost development.
No major action taken on the report after promises were made for the development of North Karnataka.
History and Tourism
With the grace of the Dynasties like Kadamba, Rashtrakuta, Chalukya, Vijayanagara Empire, Deccan Sultanates. North Karnataka region has Thousands of group of monuments that include Temples, Basadi, Stupa, Gumbaj, Tomb.
Due the negligence of the Government of Karnataka, Government of India, Archeological Survey of India and Tourism Department, the places like Sannati Lakkundi, Aihole, Anegundi, Bidar, Gadag, Sudi, Hangal, Halasi, Chaudayyadanapura, Galaganatha many more are still waiting for the basic facilities like Compound, Garden, Guard.
North Karnataka would have been the Tourism Paradise of India, but still waiting for the basic facilities.
Neglected in Railway and Union Budgets
In Every Union and Railway budgets North Karnataka successively neglected.
A budget comes and goes with no positive news for North Karnataka.
Karnataka particularly North Karnataka's railway infrastructure is pathetic. Last 5 years Indian Union and Railways budgets are just meant for North India, Tamilnadu and Bihar.
North Karnataka emerges as terror hub
North Karnataka has emerged as the hotbed for terror activity, according to intelligence sources.
North Karnataka is looked upon as a safe haven by terror groups. There is a huge SIMI presence in North Karnataka, and it has emerged as the most preferred destination after Hyderabad. After the heat was stepped in Hyderabad following blasts there, SIMI gradually moved into North Karnataka. Hubli-Dharwad and Bijapur as key destinations for SIMI.
A majority of the sleeper cells in Karnataka are in this region, These areas have huge populations of migrants, mainly from Kashmir, Bangladesh, Uttar Pradesh and Bihar. While it is unfair to generalise that all migrants are into terrorism.
North Karnataka has been a preferred hub for terrorist for many years now. Terror training camps had been set up in the forests of North Karnataka. North Karnataka also played host to the crucial meeting termed as the Castle Rock meeting in Hubli.
North Karnataka representative’s negligence
Politicians visit people of North Karnataka every time during elections and make huge castle election promises. But no representative and no party has ever done any significant development for North Karnataka. It is still the forgotten and neglected part of the state even after 50 years. Opportunist politicians and all burning issues which politicians are not even having a glance on them.
North Karnataka as a separate State
Karnataka the moderately developed State, but the districts of
North Karnataka severely lag behind South and Coastal Karnataka.
In terms of Education, Health, Infrastructure, Economy, Drought.
Karnataka government has itself recognised this many times but not done much to develop.
The reasons for backwardness is Negligence.
In other words, historical neglect and continuing neglect by successive State Government. Packages have not helped, because development doesn’t come in Packages. Development requires a set of leaders dedicated to the cause of their respective constituencies.
North Karnataka’s problem has been a governance deficit that has led to North Karnataka as a separate State.
Source - http://wikibin.org/articles/north-karnataka-fate.html