Tuesday, October 4, 2022
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Bombay High Court grants permission to Uddhav Thackeray faction of Shiv Sena to hold Dussehra rally at Shivaji Park

In 2016, the BMC commissioner had been directed to allow holding of the Dussehra rally at Shivaji Park, and accordingly, permission was granted till 2019. The rally was not held in 2020 and 2021 due to the COVID-19 pandemic.

The plea pointed out that in 2022, as is procedure, the party applied to BMC on August 26, 2022 for permission to hold the rally on October 5, 2022, however, the same was not granted despite lapse of more than a month. This compelled the petitioner to approach High Court for appropriate directions.

After the petition was filed before the High Court, the BMC took a decision rejecting the application.

Meanwhile, the Eknath Shinde faction through MLA Sada Sarvankar filed an intervention application opposing the petition.

When the matter was taken up for hearing on Friday, advocate Aspi Chinoy for Thackeray faction argued that Shiv Sena has been conducting its annual Dussehra Melawa (Rally) at the Shivaji Park since 1966.

He argued that Shiv Sena has a right to hold the Dussehra melawa (rally) as a matter of practice in the government resolution.

Chinoy contended that rejecting an application filed by Shiv Sena because there was another application filed by an individual MLA was perverse and irrational.

“If an individual’s application creates a law and order situation then you preserve law and order. Any MLA wanting to hold at the same spot cannot be a ground for not allowing. Shiv Sena’s right to hold the rally has been recognized by way of practice, since they have been holding it since 50 years, custom, tradition and also the resolution issued by the Maharashtra government in 2016 earmarking the ground to be used for Dussehra Melawa (rally),” Chinoy stated.

Source: Barandbench

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