In a big blow to Eknath Shinde camp, the Bombay High Court (HC) on September 23 has allowed the Uddhav Thackeray's Shiv Sena faction to conduct the Dussehra rally at Shivaji Park in Mumbai.
With this, the court has set aside the Brihanmumbai Municipal Corporation (BMC)'s decision, earlier this week, that rejected the party's application denying a permission to hold its annual Dussehra Melawa at Shivaji Park in Dadar on October 5. Moreover, the court directed the civic body to grant permission to the Thackeray-led Shiv Sena faction to conduct the Dusshera rally (or 'melawa' as is it known).
A division bench of Justice Ramesh D Dhanuka and Justice Kamal Khata, who were hearing the petition, has allowed the party to use it for preparations from October 2.
In addition, the high court directed the local police station to make sufficient arrangements to avoid any law and order trouble. It also noted that the police have liberty to video-record the entire event and if petitioners are found responsible then, that can be a ground for refusing permissions in future.
Taking a dig at the civic body, the court order stated: “In our view, BMC’s decision was clear abuse of power granted to it under law it was clearly on the ground that because another application was filed by another person. We accordingly hold that order dated September 21 passed by BMC based on application by petitioner is quashed and set aside.”
“We are satisfied that in this case BMC has misused the power by refusing grant of permission on flimsy ground that there was another application and would create law and order situation,” the court further exclaimed.
It also remarked that BMC lawyer could not explain as to why they could not take a decision on the applications between August 22 and September 21.
“The sequence of events clearly indicates that local police submitted report and decision of BMC was also based on that and both were on same day on September 21. In view of rival claims made by petitioner Desai and Sada Sarvankar, it would have obtained reports from police immediately after applications were received. The decision by BMC is not bona fide decision."
On the other hand, it rejected an intervention application of Sena MLA Sada Sarvankar belonging the Maharashtra Chief Minister Eknath Shinde's faction for a Dussehra rally at Mumbai's Shivaji Park.
"In our view the applicant thus has no locus to intervene in this petition and intervention application filed by Sarvankar is rejected," it held.
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