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[ThackerayVsShinde] #BombayHighCourt to begin hearing Uddhav Thackeray-led #ShivSena's plea to hold the party's annual Dusshera rally at Shivaji Park grounds on October 5. #UddhavThackeray #EknathShinde @माझी Mumbai, आपली BMC

Sitting MLA from CM Eknath Shinde camp has sought to intervene and oppose the petition citing the dispute over who is the real Shiv Sena. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Hearing before the bench of Justices RD Dhanuka and K Khata Sr Adv Aspi Chinoy and Adv Joel Carlos for Thackeray Sr Adv Milind Sathe for BMC Sr Adv Janak Dwarkadas for MLA Sada Sarvankar #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Shiv Sena secretary and petitioner Anil Desai and MLC Anil Parab also present. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Matter begins. Sr Adv Chinoy - This tradition is being carried on by the Shiv Sena since 1966. Gives a brief of the PIL and the GR that was issued in 2016, which gives effect to section 37A of the MRTP Act. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - The GR mentions the type of events the change of use can be given effect for 45 days. One of the events is the Dusshera Melawa It happened in 17,18,19... The only time it stopped is during the covid pandemic #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - We got no response (on the application from the BMC) for 20 days and yesterday we received the rejection order. Reads the order #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

The order states that two applications were filed, the second one by Sada Sarvankar. So it cites a possibly law and order situation. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - Firstly the right of the Sena to hold the Dusshera Melawa has been recognised as a right of practice and in the GR. Let's test why it was not given... #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - Law and order problem can hardly be a reason. How can an individual's application displace an organisation's right? This is a perverse and absurd response. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - The application doesn't cast any doubt about which is the real party. This is the right of the last 50 years. J- Is there a right in the GR that can be applied ? #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - See the rule and GR in the context of the undisputed fact that the Shiv Sena has been holding the Dusshera Melawa here. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

J - Who applied first Chinoy - We applied on Aug 22 and 26, Sarvankar applied on August 30. The only thing they say for refusal is that Sarvankar applied. If your law and order is so poor, then it's your problem not ours. #UddhavThackeray #EknathShinde #BombayHC #ShivSena

Chinoy - If i see on the record, there is a clear case to grant out relief. The police report arrives out of rival claims. It doesn't talk about the situation, an MLA cannot be controlled? I am not creating a law and order sit. #UddhavThackeray #EknathShinde #BombayHC #ShivSena

J - were there any complaints against you? Chinoy - Not that i know of. There was volume complaints. One MLA filing a complaint cannot bar us from continuing a tradition for so many years. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - See the IA of Sada Sarvankar it has a different idea on the first page and last page. What is stated is just an attempt to obfuscate the matter. J - Who is the real Shiv Sena is not the dispute here. Yes #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Read the Interim Application filed by the MLA to intervene in the matter and oppose the petition. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - The question of who is the real Shiv Sena does not come here. How is it raised? #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Chinoy - The commissioner accepts on the record that the permission is sought by Shiv Sena. The aim of this intervention application is that the issue here loses focus and becomes a political slugfest. Don't allow it #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sr Adv Milind Sathe for BMC What is the petitioner's right that is infringed? Shivaji Park is a play ground that is in the silent zone. Application is made to BMC that owns the property. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - Under the statute there is no right. Whether I have decided it correctly or not is another issue. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe is reading out the GR issued by the government and section 37A of the MRTP Act. In 2010, the High Court had declared the area as a ‘silence zone’ and put restrictions on its use for non-sporting activities. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

The court had then said that programmes can be held only on December 6 ( Dr. Babasaheb Ambedkar’s death anniversary), May 1 (Maharashtra Day) and January 26 (Republic Day), Dusshera Rally. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

As per the state government circular issued in 2016, Shivaji Park can be used for non-sporting activities for 45 days a year. Out of 45 days, the ground can be given on 11 days for non-sporting activities of private organizations and individuals. #BombayHighCourt #ShivSena

Sathe - They had come with the greivance that we had not responded.

Sathe reading the petitioner's plea. Sathe - How are they calling our order perverse. We are not granting permission to anyone. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - The only right is to assemble peacefully. There is no right to hold a rally at this ground. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sr Adv Sathe is reading a judgement on the right to peaceful assembly. Sathe - Nobody has the right to insis that 'we must get this place' #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - This judgement reiterates nobody is abusing your right to speak. The right to hold assembly is not denied. I noted that he said the right to hold the Dusshera rally is a tradition, what right. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - After the PIL in 2010 they had to seek permission every year. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe for BMC: Shiv sena, whatever it was then, in 2013, has given up their right to hold rally at Shivaji Park and same order is not challenged yet. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe now referring to an Oct 16, 2015 order of the High Court. Also a BMC circular on the procedure for seeking permission to hold events on the ground and the GR aftet which the need to appraoh HC was dispensed with. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe based on the GR. - See a school is named here. The school has the right. See Dushhera Melawa, anyone can hold it. It doesn't specify a name. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - There was no right. There were three applications made in 2017 for Melawa. Continue after lunch. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Matter resumes. Rest of the board has been discharged for the day. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Now a fixed matter has been temporarily taken up. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Matter resumes. Sathe - I have shown the 2013 order of the HC. This order says Shiv Sena has given up their vested right of holding the Dusshera rally at Shivaji Park. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - Through the 2016 GR only Bal Mohan Vidya Mandir can claim a right. No one else. They and the government. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - In 2017, there were three applications from Shiv Sena from three different people. Sashi Narendra Phadke, Anil Desai and Sada Sarvankar. We enquired with the office and issued permission in one name. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - In 2019 there were two applications, one by Mr. Anil Desai and one by Mr. Sada Sarvankar. The present applications. By consent or was issued only in the name of Anil Desai. #UddhavThackeray #EknathShinde #BombayHC #ShivSena

Sathe - In 2020 only application was made by Sada Sarvankar but the gathering couldnt happen because of covid. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - 14 Sep 2022, Sr Pol Inspector Dadar wrote to Asst commissioner G North Ward saying rival political parties had put up hoardings during the ongoing Ganesh festival. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

J Dhanuka - How is this relevant. Sathe - Police had asked us to remove the hoardings due to law and order issue. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe now refers to applications filed by MLA Sada Sarvankar and Shiv Sena secretary Anil Desai. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe cites a communication from BMC to the police informing them about applications received. Sathe - Is this an irrational approach is what your lordships have to consider. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

J - When did this communication happen. Sathe - we wrote to the police on 21st, they wrote to us on 21st and we wrote to applicants on 21st. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

J Dhanuka - When was all this done? Sathe - 21st. We write to the police at 6.30pm. We received reply thereafter and wrote to them in the night. J Dhanuka - When were you served a copy of the petition? Time? Sathe - 21st. Joel - I served it at 1pm #ShivSena

Sathe - Why is our decision irrational. If we receive two applications aren't we supposed to scrutinize them? J Khata - Within how much time to need to comply if someone applies Sathe - It can be done asap, but to time limit. #UddhavThackeray #EknathShinde #BombayHC #ShivSena

J Dhanuka- What is the reason that in this case to took more than 20 days? Sathe - Why we took time is immaterial #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - I have shown every year Mr. Sarvankar has been applying. J Dhanuka - this time also according to you interest of both applicants is the same? Sathe - Law and order is a relevant factor. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - We don't know but we asked the police. (Regarding J Dhanuka's query) #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe reading a judgement laying down the ratio that "Courts should not normally interfere in matters relating to law and order." #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - Both of them have been consistently making applications...this year they have not made an application for the same event, so how are we wrong in asking the police. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - During Ganesh there were large number of incidences that took place in this ward. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe reading another judgement on the civic body's right to use their discretion. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sathe - On any parameter my decision cannot be faulted after the police report that the permission can create a law and order situation. Granting permission despite that would be absurd. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Sr Adv Dwarkadar -The petitioner says my intervention shouldn't even be considered. Kindly see the cause title. What does it say? It says 'The Shiv Sena' a registered political party #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Dwarkadas reads out portions where Desai asserts himself as the secretary of Shiv Sena, a registered political party. And that the Dusshera rally is a tradition of the party. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Dwarkadas - I could have understood if there was no history to the petition. Those are not the circumstances unless the court has to wear blinkers. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Dwarkadas - If Shiv Sena, THE PARTY, as MR Desai claims it. I am not trying to drag other issues between the parties. My compilation was dismissed as if it is irrelevant that orders of the SC were ignored. #UddhavThackeray #EknathShinde #BombayHighCourt #ShivSena

Dwarkadas - Mr Desai should know that his government has lost the election. It is not the govt. of Mr. Uddhav Thackeray that is ruling the state. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas - I will show the difference between registered political party and recognised political party. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas - I am a member of this political party. I am not an outsider I am showing a greater allegiance. How can they say "Mr Sarvankar" left the Shiv Sena. This is all Mr Desai's imagination. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas - I am a member of this political party. I am not an outsider I am showing a greater allegiance. How can they say "Mr Sarvankar" left the Shiv Sena. This is all Mr Desai's imagination. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas - The loyalty of a person and his allegiance to a party cannot be gauged this way. You are pitching me against my own party. See the contradictions. Where does Mr Desai get the right that he has a higher right than me? #ShivSena #BombayHC

Dwarkadas - This is only to show my locus. States that the EC passed an order and the SC refused to intervene. J Dhakuna - Let us tell you very clearly, we are not going to say anything about the proceedings pending before the SC and EC. #BombayHC #ShivSena #UddhavThackeray

J Dhanuka to Dwarkadas- Then we will have to go into how you got permission from MMRDA. Don't invite all this. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas continues - The history goes back to much before the applications for permission were made. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Dwarkadas reading EC order saying something on the lines of who is the party whip and Shiv Sena symbols. J Dhanuka - Mr Dwarkadas, how is this relevant?? #BombayHC #ShivSena #UddhavThackeray #EknathShinde

J Dhanuka - Mr Dwarkadas, you are a senior counsel of the court you should find out what should and shouldn't be argued. All of this is pending before the SC...You have not even challenged rejection of your application by the BMC #BombayHC #ShivSena #UddhavThackeray #EknathShinde

J Dhanuka - One thing, you have also applied to another ground. Dwarkadas - It's in the paper but they said no in the morning. I don't know. Chinoy - Ofcourse it's granted. #BombayHC #ShivSena #UddhavThackeray #EknathShinde

Sr Adv Chinoy - The GR of 2016, was specific. It doesn't mean that someone can come, and your right can be defeated. If not a right it is a legitimate expectation . #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Chinoy - Why do I have to disclose in this petition what the history is? There is lot to be said on both sides. There are forums where this will be agitated, not here. What suppression or facts are they talking about? #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Chinoy - This is a vase of a vested right in many ways. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order is dictated. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Branch is first dealing with the interim application filed by MLA Mr Sada Sarvankar opposing the petition. Records there are proceedings pending before various forums on the issue of who is the real Shiv Sena #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Bench* #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order In view of the fact that application filed by the petitioners is not redirected on the ground that whom is the real Shiv Sena, we do not wish you go in the issue. And Mr Sada Sarvankar's interim application is rejected. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order In view of the fact that application filed by the petitioners is not REJECTED on the ground that whom is the real Shiv Sena, we do not wish you go in the issue. And Mr Sada Sarvankar's interim application is rejected. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Court agrees with Sr Adv Chinoy's argument that Mr Sarvankar has no locus. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

The court is now recording submissions of Sr Adv Aspi Chinoy for Anil Desai and of Sr Adv Milind Sathe for BMC on the main petition. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order J Dhanuka - Mr Sathe submitted there is no statutory right of the petitioners to hold such a mela. He invited our attention to earlier orders passed... #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order In view of the past experiences and especially what happened during the Ganesh festival, Mr Sathe said the applications of both were rejected. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order Mr Sathe said that on 21st the police informed the corporation that there was a chance of a law and order situation. And the BMC rightly took this into consideration while rejecting applications. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Court records how permission was granted in 2017 after consent of the parties. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order We wanted to clarify, we do not wish to go into the issue as to who is the real Shiv Sena. The matter is pending before the SC and EC. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order Prior to 2016, permission has been granted by the BMC to Shiv Sena to hold the Dussehra Melawa at Shivaji park. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order We have perued the application filed by the petitioners on August 22 and 26, 2022. The applications were received by the BMC on the same day, since there was no response, petition was filed. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order This court granted circulation on 21st. On 21st the BMC addressed a letter to the police. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order The letter was issued at 18.10pm after the copy of the WP was issued. Court records that the same day the police wrote back. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order During the arguments we enquired with Mr Sathe when the communication was received by BMC. He said the same day. On 21st itself the order was passed. Sr. Counsel didn't explain why the applications before 21st #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order The BMC was concious of the facts of rival claims .. The decision by the BMC is not a bonafide decision. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order Court is recording citations. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order In our view BMC's order rejecting the application citing law and order is a clear abuse of process of the law. It is not the corporation's case that in the last 7 decades there was a law and order situation. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order Mr Chinoy assured the court that there will be no law and order situation if permission is granted. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order We are satisfied that in this case the BMC has abused the power by rejecting the application citing another application. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order The petitioner has made out a case for interference and grant of permission. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

Order BMC's order refusing permission is set aside. Application by petitioner seeking permission from Oct 2-6, 2022 is allowed. #BombayHC #UddhavThackeray #EknathShinde #ShivSena

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Live Law

@LiveLawIndia

Sep 23View on Twitter

#Breaking - Bombay High Court allows #UddhavThackeray led Shiv Sena's petition to hold Dusshera rally at Shivaji Park on October 5, 2022. Permision granted from 2nd- 6th #BombayHC #UddhavThackeray #EknathShinde #ShivSena

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