The Bombay High Court allowed the Uddhav Thackeray faction of Shiv Sena to hold the Dussehra rally at Shivaji Park in Mumbai and rejected the Shinde faction’s plea for an intervention in the same. The park will be allocated to Shiv Sena for preparations from October 2 to October 6. The Court asked Shiv Sena to approach the BMC ward officer with this order and seek permission afresh as per the GR of 2016. The court observed that the Municipal Council ‘misused its powers in deciding the application of the petitioner.’
The Bombay HC was hearing petitions filed by both factions of Shiv Sena regarding permission to hold the Dussehra rally at Shivaji Park. While the Uddhav Thackeray-led faction of Shiv Sena sought permission to hold the Dussehra rally at Shivaji Park on October 5, an MLA from the Shinde faction of Shiv Sena, Sada Sarvankar filed an intervention application opposing the said petition citing the despite over ‘who is the real Shiv Sena.’
The Bombay HC further observed that a video recording of the entire function is mandatory and and ‘if it’s found that petitioners are responsible for creating any law and order situation, it would affect their permission in future.’
Speaking on the HC’s decision, Shiv Sena leader Anil Parab said, “Today HC decided that Shiv Sena’s Dussehra rally will be held at Shivaji Park. It’s been happening since 1966. We presented Shiv Sena’s history before HC. The HC rejected law and order situation raised by BMC. Shiv Sena has permission to hold rally from 2-6 October.”
On the other hand, speaking on Sada Sarvankar’s intervention application opposing the Thackeray’faction’s petition citing the despite over ‘who is the real Shiv Sena,’ the HC said ‘it’s not their right(to decide), it’ll be decided by the Supreme Court and the Election Commission of India (ECI)’.
Reacting to the same, the Shinde faction noted that ‘we’ll see this in Supreme Court, will fight there too.’
Senior Advocate Aspi Chinoy, appearing for the Thackeray faction had, earlier, accused the BMC of deliberately delaying giving a decision on their application for permission to hold the rally in Shivaji Park.
“The (BMC’s) order merely says since an application has been filed by the MLA as well and there can be a law and order situation. My prayers are for permission, not for the BMC to simply decide the application,” said Chinoy.
