Netanyahu claims election win despite losses

JERUSALEM (Reuters) - Hawkish Prime Minister Benjamin Netanyahu emerged the bruised winner of Israel's election on Tuesday, claiming victory despite unexpected losses to resurgent center-left challengers.

Exit polls showed the Israeli leader's Likud party, yoked with the ultra-nationalist Yisrael Beitenu group, would still be the biggest bloc in the 120-member assembly with 31 seats, 11 fewer than the 42 they held in the previous parliament.

If the exit polls compiled by three local broadcasters prove correct - and they normally do in Israel - Netanyahu would be on course for a third term in office, perhaps leading a hardline coalition that would promote Jewish settlement on occupied land.

But his weakened showing in an election he himself called earlier than necessary could complicate the struggle to forge an alliance with a stable majority in parliament.

The 63-year-old Israeli leader promised during his election campaign to focus on tackling Iran's nuclear ambitions if he won, shunting Palestinian peacemaking well down the agenda despite Western concern to keep the quest for a solution alive.

The projections showed right-wing parties with a combined strength of 61-62 seats against 58-59 for the center-left.

"According to the exit poll results, it is clear that Israel's citizens have decided that they want me to continue in the job of prime minister of Israel and to form as broad a government as possible," Netanyahu wrote on his Facebook page.

The centrist Yesh Atid (There is a Future) party, led by former television talk show host Yair Lapid, came second with 18 or 19 seats, exit polls showed - a stunning result for a newcomer to politics in a field of 32 contending parties.

Lapid won support amongst middle-class, secular voters by promising to resolve a growing housing shortage, abolish military draft exemptions for Jewish seminary students and seek an overhaul of the failing education system.

The once dominant Labour party led by Shelly Yachimovich was projected to take third place with 17 seats.

"YESH ATID SWEEP"

The mood was subdued at Netanyahu's Likud party election headquarters after the polls closed, with only a few hundred supporters in a venue that could house thousands.

"We anticipated we would lose some votes to Lapid, but not to this extent. This was a Yesh Atid sweep," Likud campaign adviser Ronen Moshe told Reuters.

A prominent Likud lawmaker, Danny Danon, told CNN: "We will reach out to everybody who is willing to join our government, mainly the center party of Yair Lapid."

If the prime minister can tempt Lapid to join a coalition, the ultra-Orthodox religious parties who often hold the balance of power in parliament might lose some of their leverage.

After a lacklustre campaign, Israelis voted in droves on a sunny winter day, registering a turnout of 66.6 percent, the highest since 2003. That buoyed center-left parties which had pinned their hopes on energizing an army of undecided voters against Netanyahu and his nationalist-religious allies.

Opinion polls before the election had predicted an easy win for Netanyahu, although the last ones suggested he would lose some votes to the Jewish Home party, which opposes a Palestinian state and advocates annexing chunks of the occupied West Bank.

The exit polls projected 12 seats for Jewish Home.

Full election results are due by Wednesday morning and official ones will be announced on January 30. After that, President Shimon Peres is likely to ask Netanyahu, as leader of the biggest bloc in parliament, to try to form a government.

The former commando has traditionally looked to religious, conservative parties for backing and is widely expected to seek out self-made millionaire Naftali Bennett, who heads the Jewish Home party and stole much of the limelight during the campaign.

But Netanyahu might, as Danon suggested, try to include more moderate parties to assuage Western concerns about Israel's increasingly hardline approach to the Palestinians.

WESTERN ANXIETY

British Foreign Secretary William Hague warned Israel on Tuesday it was losing international support, saying prospects for a two-state solution to the Israeli-Palestinian conflict were almost dead because of expanding Jewish settlements.

U.S.-brokered peace talks broke down in 2010 amid mutual acrimony. Since then Israel has accelerated construction in the West Bank and east Jerusalem - land the Palestinians want for their future state - much to the anger of Western partners.

Netanyahu's relations with U.S. President Barack Obama have been notably tense and Martin Indyk, a former U.S. ambassador to Israel, told the BBC the election was unlikely to change that.

"President Obama doesn't have high expectations that there's going to be a government in Israel committed to making peace and is capable of the kind of very difficult and painful concessions that would be needed to achieve a two-state solution," he said.

Tuesday's vote is the first in Israel since Arab uprisings swept the region two years ago, reshaping the Middle East.

Netanyahu, who had a first term as premier in the late 1990s, has said the turbulence, which has brought Islamist governments to power in several countries long ruled by secularist autocrats, including neighboring Egypt, shows the importance of strengthening national security.

He views Iran's nuclear program as a mortal threat to the Jewish state and has vowed not to let Tehran enrich enough uranium to make a single nuclear bomb - a threshold Israeli experts say could arrive as early as mid-2013.

Iran denies it is planning to build the bomb, and says Israel, widely believed to have the only nuclear arsenal in the Middle East, is the biggest threat to the region.

The issue barely registered during the election campaign, with a poll in Haaretz newspaper on Friday saying 47 percent of Israelis thought social and economic issues were the most pressing concern, against just 10 percent who cited Iran.

One of the first problems to face the next government, which is unlikely to take power before the middle of next month at the earliest, is the stuttering economy.

Data last week showed the budget deficit rose to 4.2 percent of gross domestic product in 2012, double the original estimate, meaning spending cuts and tax hikes look certain.

(Reporting by Jerusalem bureau; Editing by Alastair Macdonald)

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Justin Bieber overtakes Lady Gaga in Twitter follower race

 

By mid-day, the Biebs had 33,342,299 followers, against 33,333,682 for the Mother Monster, followed by Katy Perry, Rihanna and, a day after his public second-term inauguration, President Barack Obama with 26,183,711 followers.

Last week Twitter Counter had forecasted that, according to its algorithms, Bieber would clinch first place last Sunday.

Bieber and Lady Gaga -- who had led the Twitter pack since 2010 when she outpaced Britney Spears for the top spot -- are currently on tour in the United States.

"So proud of @justinbieber and all the Beliebers!" Lady Gaga graciously tweeted her Canadian-born rival last week. "I'm only happy to see your fans growing in size, you all deserve it! Monsters support you!"

- AFP/jc

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EC suggests to Justice Verma panel to penalize MLAs filing false affidavits

NEW DELHI: The Election Commission (EC), in its suggestions to the Justice J S Verma committee tasked with reviewing the anti-rape laws, has proposed that legislators found to have filed false affidavits with their nomination papers, should be immediately disqualified and punished with imprisonment upto two years.

The EC, whose representatives appeared before the Verma panel on Saturday, sought a tougher punishment for those getting elected on the basis of false affidavits, arguing that withholding or furnishing of false information, particularly regarding a candidate's criminal history that could include rape and murder, amounted to misleading the voters. "A six-month imprisonment is hardly a deterrent; there is an urgent need to enhance it to two years, besides providing for disqualification," the deputy election commissioner and legal advisor appearing on EC's behalf told the panel.

As per Section 125(A) of the Representation of People Act, 1951, furnishing of false information by a candidate in his poll affidavit is an offence punishable with a prison sentence of six months or with fine.

The J S Verma panel - set up in the wake of the brutal gang-rape of Nirbhaya here on December 16 - will submit its report on Wednesday, keeping its one-month deadline for suggesting ways to tighten the legal framework against rape.

Incidentally, though the EC's suggestions to the Verma panel were not specific to rape crimes and dealt with criminalization of politics in general, the panel used the interaction to pitch for a tougher regime to deal with MPs/MLAs convicted for serious crimes.

The EC reiterated its long-standing suggestion for disqualification of a legislator against whom charges have been framed by a court for an offence punishable with imprisonment of five years or more.

To guard against politically-motivated cases, the EC representatives suggested that only cases where charges have framed six months prior to an election be taken into account.

Under Section 8 of the Representation of People Act, 1951, disqualification follows if an elected representative is convicted and sentenced to imprisonment of two years or more.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

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Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

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Follow Jennifer Peltz at http://twitter.com/jennpeltz

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Group Finds More Fake Ingredients in Popular Foods

It's what we expect as shoppers—what's in the food will be displayed on the label.

But a new scientific examination by the non-profit food fraud detectives the U.S. Pharmacopeial Convention (USP), discovered rising numbers of fake ingredients in products from olive oil to spices to fruit juice.

"Food products are not always what they purport to be," Markus Lipp, senior director for Food Standards for the independent lab in Maryland, told ABC News.

In a new database to be released Wednesday, and obtained exclusively by ABC News today, USP warns consumers, the FDA and manufacturers that the amount of food fraud they found is up by 60 percent this year.

USP, a scientific nonprofit that according to their website "sets standards for the identity, strength, quality, and purity of medicines, food ingredients, and dietary supplements manufactured, distributed and consumed worldwide" first released the Food Fraud Database in April 2012.

The organization examined more than 1,300 published studies and media reports from 1980-2010. The update to the database includes nearly 800 new records, nearly all published in 2011 and 2012.

Among the most popular targets for unscrupulous food suppliers? Pomegranate juice, which is often diluted with grape or pear juice.

"Pomegranate juice is a high-value ingredient and a high-priced ingredient, and adulteration appears to be widespread," Lipp said. "It can be adulterated with other food juices…additional sugar, or just water and sugar."

Lipp added that there have also been reports of completely "synthetic pomegranate juice" that didn't contain any traces of the real juice.

USP tells ABC News that liquids and ground foods in general are the easiest to tamper with:

• Olive oil: often diluted with cheaper oils


• Lemon juice: cheapened with water and sugar


• Tea: diluted with fillers like lawn grass or fern leaves


• Spices: like paprika or saffron adulterated with dangerous food colorings that mimic the colors

Milk, honey, coffee and syrup are also listed by the USP as being highly adulterated products.

Also high on the list: seafood. The number one fake being escolar, an oily fish that can cause stomach problems, being mislabeled as white tuna or albacore, frequently found on sushi menus.

National Consumers League did its own testing on lemon juice just this past year and found four different products labeled 100 percent lemon juice were far from pure.

"One had 10 percent lemon juice, it said it had 100 percent, another had 15 percent lemon juice, another...had 25 percent, and the last one had 35 percent lemon juice," Sally Greenberg, Executive Director for the National Consumers League said. "And they were all labeled 100 percent lemon juice."

Greenberg explains there are indications to help consumers pick the faux from the food.

"In a bottle of olive oil if there's a dark bottle, does it have the date that it was harvested?" she said. While other products, such as honey or lemon juice, are more difficult to discern, if the price is "too good to be true" it probably is.

"$5.50, that's pretty cheap for extra virgin olive oil," Greenberg said. "And something that should raise some eyebrows for consumers."

Many of the products USP found to be adulterated are those that would be more expensive or research intensive in its production.
"Pomegranate juice is expensive because there is little juice in a pomegranate," Lipp said.

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Algeria accuses Canadian, puts hostage toll at 38

ALGIERS (Reuters) - Algeria said on Monday it had confirmed the deaths of at least 38 workers, all but one foreign, at the Sahara gas plant its forces stormed two days ago and said the Islamist gunmen had been led by a man with Canadian citizenship.

Named only as Chedad, a surname found among Arabs in North Africa, the Canadian was among 29 assailants from a local al Qaeda group killed during the four-day siege, Algerian Prime Minister Abdelmalek Sellal said. Another three were detained.

Among hostages confirmed dead by their own governments were three Americans, seven Japanese, six Filipinos and three Britons; others from Britain, Norway and elsewhere were listed as unaccounted for. Sellal said 37 foreigners died, of whom seven were unidentified, and a further five were missing.

Though nearly 700 Algerians and 100 other foreigners escaped or were rescued, the apparent ease with which a group could race over the nearby border from lawless Libya and seize a heavily defended and economically strategic facility has raised doubts for investors on the security of Algeria's vital energy sector.

An Algerian security source said investigators pursuing the possibility that the attackers had inside help to map the complex and gain entry were questioning at least two employees.

Claimed by an Algerian al Qaeda leader as a riposte to France's attack on his allies in neighboring Mali the previous week, the four-day siege also drew global attention to Islamists in the Sahara and Sahel regions and brought pledges of support to African governments from Western powers whose toppling of Libya's Muammar Gaddafi helped flood the region with weapons.

Sellal, whose government ruled out negotiation with the hostage-takers from the start, vowed that Algeria, scarred by a bitter civil war against Islamists in the 1990s, would prevent the rise of an Afghan-style power base for al Qaeda in the south - there would be no "Sahelistan", he told a news conference.

Prime Minister David Cameron told parliament in London that Britain would increase its help to Algeria's intelligence and security forces and might do more for France in Mali, though he ruled out sending many of its stretched armed forces to Africa.

Noting a shift in the source of threats to British interests from Afghanistan to Africa, he also noted Sellal's rundown of a multinational group of assailants and said the region was becoming "a magnet for jihadists".

Alongside a "strong security response", however, he called for efforts to address long-standing grievances, such as poverty and political exclusion, which foster support for violence. Some militants in Algeria want autonomy for the south and complain of domination by an unchanging establishment in Algiers.

DEATH AND SURVIVAL

As Algerian forces combed the Tigantourine plant near the town of In Amenas for explosives and the missing, survivors and the bereaved told tales of terror, narrow escapes and of death.

"The terrorists lined up four hostages and assassinated them, shot them in the head," a brother of Kenneth Whiteside told Sky News, in an account of the Briton's death given to the family by an Algerian colleague who witnessed it. "Kenny just smiled the whole way through. He'd accepted his fate."

Filipino survivor Joseph Balmaceda said gunmen used him for cover: "Whenever government troops tried to use a helicopter to shoot at the enemy, we were used as human shields."

A Frenchman man hid for more than a day under his bed as jihadist fighters searched the residential complex.

Another Briton, Garry Barlow, called his wife from within the site before he was killed and said: "I'm sat here at my desk with Semtex strapped to my chest."

Several hostages died on Thursday when Algerian helicopters blasted jeeps in which the militants were trying to move them.

Others were able to flee: "We cut the wire with clippers and ran for it, all together, about 50 of us," one told the Times.

A Romanian said he walked 30 km (20 miles) across the desert with little water before running into an Algerian police patrol.

Citizens of nine countries including Algeria died, Sellal said, among them seven Japanese, six Filipinos, two Romanians, an American, a Frenchman and four Britons. Washington later name three dead Americans; Britain said only three Britons were dead but three plus a London-based Colombian were also believed dead.

Norway said the fate of five of its citizens was unclear; in addition to seven Japanese dead, Tokyo said three were missing.

CANADIAN ACCUSED

An Algerian security source had earlier told Reuters that documents found on the bodies of two militants had identified them as Canadians: "A Canadian was among the militants. He was coordinating the attack," Sellal said, adding that the raiders had threatened to blow up the gas installation.

That Canadian's name was given only as Chedad. Algerian officials have also named other militants in recent days as having leadership roles among the attackers. Veteran Islamist Mokhtar Belmokhtar claimed responsibility on behalf of al Qaeda.

In a video distributed on the Internet, the one-eyed veteran of Afghan wars of the 1980s, of Algeria's civil war and of the lucrative trans-Sahara cigarette smuggling trade, said: "We in al Qaeda announce this blessed operation."

Dressed in combat fatigues and standing in front of a black Islamist banner, Belmokhtar demanded an end to French attacks on Islamist fighters in Mali. These began five days before the fighters swooped before dawn and seized a plant that produces 10 percent of Algeria's natural gas exports.

U.S. and European officials doubt such a complex raid could have been organized quickly enough to have been conceived as a direct response to the French military intervention. Sellal said it had been two months in the planning. However, French action could have triggered an operation that had already been planned.

It was not clear what evidence the Algerian authorities had for some of their information, including on the nationalities of the attackers; 11 of them, they said, were Tunisian, while only three were Algerian. Others came from Egypt, Mali, Niger and Mauritania, as well as from Canada.

In Ottawa, Canada's foreign affairs department said it was seeking information. Security experts noted that some Canadian citizens had been involved with international militants before.

The jihadists had planned the attack two months ago in neighboring Mali, Sellal added. They had traveled from there through Niger and Libya, hence evading Algeria's strong security services, until close to In Amenas. Their aim, he said, had been to take foreign hostages to Mali, and they made a first attempt to take captives from a bus near the site early on Wednesday.

He said special forces and army units were deployed against the militants, who had planted explosives in the gas plant with a view to blowing up the facility. Normally producing 10 percent of Algeria's natural gas, it was shut down during the incident.

The government now aims to reopen it this week, although officials at Britain's BP and Norway's Statoil, which operate the plant with Algeria's state energy firm, were less certain.

MALI CONFLICT

An Algerian newspaper said they had arrived in cars painted in the colors of state-owned Sonatrach but registered in Libya, a country awash with heavy weaponry since Western powers backed a revolt to bring down Gaddafi in 2011. Using Libya's oil wealth, Gaddafi had exercised a degree of influence in the region and the consequences of his death are still unfolding.

In a sign of the complexities wrought by the Arab Spring revolts, Egypt, a former military dictatorship now led by one of the generals' Islamist foes, criticized France's intervention in Mali on Monday. President Mohamed Mursi called instead for more spending to address rebels' grievances and warned that the military moves would "inflame the conflict in this region".

The bloodshed also added strains to Algeria's long fraught relations with Western powers, where some complained about being left in the dark while the decision to storm the compound was being taken. Algiers portrayed the operation as a success.

And this week, Britain and France both defended the military action by Algeria, the strongest military power in the Sahara and an ally the West needs in combating the militants.

"This would have been a most demanding task for security forces anywhere in the world and we should acknowledge the resolve shown by the Algerians in undertaking it," British Prime Minister Cameron told parliament on Monday.

Chafik Mesbah, a former Algerian presidential security adviser, said: "The West did not criticize Algeria because it knows an assault was inevitable in the circumstances ... The victims were a minimum price to pay to solve the crisis."

(Additional reporting by Balazs Koranyi in Oslo, William Maclean in Dubai, d Daniel Flynn in Dakar, David Ljunggren in Ottawa and Ed Klamann in Tokyo; Writing by David Stamp and Alastair Macdonald; Editing by Giles Elgood)

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Football: Platini disagrees with Blatter over Boateng

PARIS: UEFA president Michel Platini differed with his FIFA counterpart Sepp Blatter on Monday in applauding Kevin-Prince Boateng leading his AC Milan team-mates off the pitch after receiving a torrent of racial abuse in a friendly earlier this month.

Blatter had said players should not take matters into their own hands although he has since said that clubs whose fans are guilty of racial abuse could end up facing either points deductions or even demotion.

However, Platini told French radio station RTL on Monday he had been delighted by Ghanaian international midfielder Boateng's gesture in walking off after some fans of Italian fourth division side Pro Patria showered him with racial abuse.

"It is wonderful, I appreciated it enormously," said the 57-year-old former French playing great.

"It was excellent, in fact I later called Milan to congratulate them."

Platini, though, said that UEFA already had regulations in place should racial abuse take place during matches.

"We implemented rules for Champions League and Europa League matches for the referees to follow," he said.

"If they hear racist chants, there is an appeal for them to desist over the public address system and the match is stopped for a minute. After that if the chanting resumes there is a stoppage of two minutes and a new appeal for them to stop.

"A third time and the referee can call the match off. It is the referee who is the boss in the stadium."

- AFP/ac

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Bhagat Singh Koshyari likely to be next Uttarakhand BJP chief

DEHRADUN: BJP national vice-president Bhagat Singh Koshyari is all set to be unanimously nominated as the next BJP chief in Uttarakhand with Tirath Singh Rawat and Trivendra Singh Rawat, two of the top contenders, withdrawing their nomination papers on Monday.

Both the Rawats withdrew their nomination papers a day after they filed it for the poll for the post of state BJP chief.

A source in BJP said as there will be no elections now and Koshyari may be nominated as chief on Tuesday.

Tirath is a BJP legislator from Chobbathakhal in Uttarakhand's Pauri district and Trivendra was a minister in previous BJP government. Tirath was backed by former CMs B C Khanduri and Ramesh Pokhriyal Nishank while Trivendra was Koshyari's candidate.

BJP state Spokesperson Satish Lakhera said that Rawats withdrew their nomination papers after an order from BJP's central leadership saying that in view of the upcoming Lok Sabha polls in 2014, only a leader with mass support will be nominated as next state chief.

While former BJP state chief B S Chufal's term in the second week of December, he has been officiating as the acting state chief.

Lakhera said Koshyari is most likely to be nominated as next BJP state chief. He served as the Uttarakhand CM from 2001 to 2002. Koshyari is widely known as a leader of masses inside the Uttarakhand BJP.

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Flu season fuels debate over paid sick time laws

NEW YORK (AP) — Sniffling, groggy and afraid she had caught the flu, Diana Zavala dragged herself in to work anyway for a day she felt she couldn't afford to miss.

A school speech therapist who works as an independent contractor, she doesn't have paid sick days. So the mother of two reported to work and hoped for the best — and was aching, shivering and coughing by the end of the day. She stayed home the next day, then loaded up on medicine and returned to work.

"It's a balancing act" between physical health and financial well-being, she said.

An unusually early and vigorous flu season is drawing attention to a cause that has scored victories but also hit roadblocks in recent years: mandatory paid sick leave for a third of civilian workers — more than 40 million people — who don't have it.

Supporters and opponents are particularly watching New York City, where lawmakers are weighing a sick leave proposal amid a competitive mayoral race.

Pointing to a flu outbreak that the governor has called a public health emergency, dozens of doctors, nurses, lawmakers and activists — some in surgical masks — rallied Friday on the City Hall steps to call for passage of the measure, which has awaited a City Council vote for nearly three years. Two likely mayoral contenders have also pressed the point.

The flu spike is making people more aware of the argument for sick pay, said Ellen Bravo, executive director of Family Values at Work, which promotes paid sick time initiatives around the country. "There's people who say, 'OK, I get it — you don't want your server coughing on your food,'" she said.

Advocates have cast paid sick time as both a workforce issue akin to parental leave and "living wage" laws, and a public health priority.

But to some business owners, paid sick leave is an impractical and unfair burden for small operations. Critics also say the timing is bad, given the choppy economy and the hardships inflicted by Superstorm Sandy.

Michael Sinensky, an owner of seven bars and restaurants around the city, was against the sick time proposal before Sandy. And after the storm shut down four of his restaurants for days or weeks, costing hundreds of thousands of dollars that his insurers have yet to pay, "we're in survival mode."

"We're at the point, right now, where we cannot afford additional social initiatives," said Sinensky, whose roughly 500 employees switch shifts if they can't work, an arrangement that some restaurateurs say benefits workers because paid sick time wouldn't include tips.

Employees without sick days are more likely to go to work with a contagious illness, send an ill child to school or day care and use hospital emergency rooms for care, according to a 2010 survey by the University of Chicago's National Opinion Research Center. A 2011 study in the American Journal of Public Health estimated that a lack of sick time helped spread 5 million cases of flu-like illness during the 2009 swine flu outbreak.

To be sure, many employees entitled to sick time go to work ill anyway, out of dedication or at least a desire to project it. But the work-through-it ethic is shifting somewhat amid growing awareness about spreading sickness.

"Right now, where companies' incentives lie is butting right up against this concern over people coming into the workplace, infecting others and bringing productivity of a whole company down," said John A. Challenger, CEO of employer consulting firm Challenger, Gray & Christmas.

Paid sick day requirements are often popular in polls, but only four places have them: San Francisco, Seattle, Washington, D.C., and the state of Connecticut. The specific provisions vary.

Milwaukee voters approved a sick time requirement in 2008, but the state Legislature passed a law blocking it. Philadelphia's mayor vetoed a sick leave measure in 2011; lawmakers have since instituted a sick time requirement for businesses with city contracts. Voters rejected a paid sick day measure in Denver in 2011.

In New York, City Councilwoman Gale Brewer's proposal would require up to five paid sick days a year at businesses with at least five employees. It wouldn't include independent contractors, such as Zavala, who supports the idea nonetheless.

The idea boasts such supporters as feminist Gloria Steinem and "Sex and the City" actress Cynthia Nixon, as well as a majority of City Council members and a coalition of unions, women's groups and public health advocates. But it also faces influential opponents, including business groups, Mayor Michael Bloomberg and City Council Speaker Christine Quinn, who has virtually complete control over what matters come to a vote.

Quinn, who is expected to run for mayor, said she considers paid sick leave a worthy goal but doesn't think it would be wise to implement it in a sluggish economy. Two of her likely opponents, Public Advocate Bill de Blasio and Comptroller John Liu, have reiterated calls for paid sick leave in light of the flu season.

While the debate plays out, Emilio Palaguachi is recovering from the flu and looking for a job. The father of four was abruptly fired without explanation earlier this month from his job at a deli after taking a day off to go to a doctor, he said. His former employer couldn't be reached by telephone.

"I needed work," Palaguachi said after Friday's City Hall rally, but "I needed to see the doctor because I'm sick."

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Associated Press writer Susan Haigh in Hartford, Conn., contributed to this report.

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Follow Jennifer Peltz at http://twitter.com/jennpeltz

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President Obama Calls for 'Collective Action'

Invoking the nation's founding values, President Obama marked the start of his second term today with a sweeping call for "collective action" to confront the economic and social challenges of America's present and future.

"That is our generation's task, to make these words, these rights, these values -- of life, and liberty, and the pursuit of happiness -- real for every American," Obama said in an inaugural address delivered from the west front of the U.S. Capitol.

"Being true to our founding documents does not require us to agree on every contour of life; it does not mean we will all define liberty in exactly the same way, or follow the same precise path to happiness. Progress does not compel us to settle centuries-long debates about the role of government for all time," he said, giving nod to the yawning partisan divide.

"But it does require us to act in our time."

The call to action, on the eve of what's shaping up to be another contentious term with Republicans and Congress, aimed to reset the tone of debate in Washington and turn the page on the political battles of the past.

Pablo Martinez Monsivais/AP Photo

Inauguration 2013: President Obama's Opportunities Watch Video

Official Oath of Office 2013: President Obama Watch Video

"For now decisions are upon us, and we cannot afford delay. We cannot mistake absolutism for principle, or substitute spectacle for politics, or treat name-calling as reasoned debate," Obama said. "We must act, knowing that our work will be imperfect."

The address, lasting a little less than 20 minutes, laid out in broad terms Obama's vision for the next four years, alluding to looming policy debates on the war in Afghanistan, deficit reduction, immigration, and overhaul of Social Security and Medicare.

Obama also became the first president, at least in recent inaugural history, to make explicit mention of equality for gay and lesbian Americans. He made repeated mentions of "climate change," something no president has said from such a platform before.

The president stuck closely to his campaign themes, offering few new details of his policy proposals, however. Those are expected to come next month in the State of the Union address Feb. 12.

Hundreds of thousands packed the National Mall in chilly 40-degree temperatures and brisk wind to hear Obama's remarks and witness the ceremonial swearing-in. While the crowds were smaller than four years ago, the U.S. Park Police said the Mall reached capacity and was closed shortly before Obama took the podium.

Shortly before the address, Obama placed his left hand on the stacked personal Bibles belonging to President Abraham Lincoln and Dr. Martin Luther King Jr., and raised his right to repeat the oath administered by Supreme Court Chief Justice John Roberts.

"I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the office of president of the United States," he said, "and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Obama and Biden were both officially sworn in during private ceremonies Sunday, Jan. 20, the date mandated by the Constitution for presidents to begin their terms.

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