Shivsena’s Dussehra rally will be held in Shivaji Park itself, big relief to Uddhav Thackeray faction from Bombay High Court
The Bombay High Court has allowed Shiv Sena chief Uddhav Thackeray to hold a Dussehra rally at Shivaji Park. This is being considered a setback for the Shiv Sena faction led by Maharashtra Chief Minister Eknath Shinde. The court has also dismissed the Shinde faction’s plea. The Uddhav Thackeray faction has been given this permission by the High Court from October 2 to 6. A petition was filed in the court on behalf of Shinde faction MLA Sada Sarwankar, seeking permission to organize Dussehra rally at Shivaji Park. The court, while giving the verdict in favor of the Uddhav faction, said that there is no fact in the argument of BMC (BMC Shivaji Park Verdict). Eknath Shinde and Uddhav Thackeray faction were face to face for Dussehra rally at Shivaji Park. Both the applications were rejected by the BMC citing law and order.
Uddhav camp had cited 50 year old tradition
The matter was heard in the Bombay High Court today, in which the lawyers of Uddhav, Shinde and BMC gave their arguments. On one hand, the Thackeray faction had sought approval citing the fifty-year-old Shiv Sena tradition. On the other hand, the BMC said that no individual or organization can assert its right to rally in the ground. They have to apply every year. Also, in view of the problem of law and order, the application can be rejected. The BMC did not allow any group on this basis.
Thackeray faction
While arguing on behalf of Uddhav Thackeray faction, SP Chinoy said in the High Court that Shiv Sena has been organizing Dussehra rally at Shivaji Park since 1966. This Dussehra rally could not be organized only during the Corona period. Now all festivals are being celebrated after Corona. In such a situation, this year we have to organize Dussehra rally for which we have applied. BMC has refused permission in this matter. However, the Dussehra rally is a decades-old tradition of Shiv Sena, which it is our responsibility to maintain. Chinoy said that the surprising thing is that suddenly another application has come to BMC for Dussehra rally, which is wrong. For the last 50 years, we have been organizing Dussehra rally at the same place. Every time we were allowed.
Now due to sudden politics, Sada Saravankar, who has now moved to the Eknath Shinde faction, has filed an application. He is a single person not a complete Shiv Sena, how does he have the right to apply for organizing Dussehra rally at Shivaji Park. Let us tell you that earlier this Sada Saravankar on behalf of Shiv Sena used to apply for Dussehra rally at Shivaji Park. But now she is no longer in the Shiv Sena of the Thackeray faction. In that case they have no right. We had applied for the ground on 22nd August, while Sada Saravankar has applied for the ground on 30th. At the same time, according to the police, on this side the police is citing the situation of law and order in the current situation. Was there no police in Mumbai city for the last 50 years?
Prior to 2016, there was only noise pollution complaint regarding Dussehra rally. She hasn’t complained since then. Chinoy said that Sada Saravankar is not opposing our demand, but is himself asking for permission. It has been said in his petition that Shiv Sena of Eknath Shinde faction is real. At present, the matter is going on in the Supreme Court and the Election Commission. He said that it is very clear that Shiv Sena is one, then how can it have two claimants. Sada Saravankar is a person. In this regard, their petition is not correct.
What is the argument of Shinde faction?
Janak Dwarkadas, the lawyer of Eknath Shinde faction MLA Sada Sarwankar, presented his side before the court and said that my point should be understood properly. Those who are saying that there is no fact in the petition of Sada Saravankar, they are completely wrong. Everyone knows that Dussehra rally is organized by Shiv Sena every year. Where all the workers are addressed. It has never happened before that Shivaji Park is not found for Dussehra rally. My question is, is the petitioner the real Shiv Sena? The hearing is still going on in the court regarding who belongs to Shiv Sena. The government has changed, now Uddhav Thackeray is not the chief minister. Even in the Election Commission, it is not yet clear that whose Shiv Sena belongs to?
Dwarkadas told that Sada Sarwankar has applied for Dussehra rally on behalf of Shiv Sena. Since he is in the government today, he has not had a little Shiv Sena yet. However, Anil Desai has said in his petition that Sada Saravankar has left Shiv Sena and he is from the original Shiv Sena. After all, how can these people decide who is from Shiv Sena and who is not?
He said that it has been clearly written in our application that we are applying on behalf of Shiv Sena for Dussehra rally. I am a Shiv Sena MLA but these people tell us in their application that we are an individual. After all, how can these people decide this? They say we have been fired. I want to tell that till now this battle is being fought in the Supreme Court. Apart from this, this fight is also going on in the Election Commission. How can these people call us Individuals without any consequence? However, the court interrupted Sada Saravankar’s lawyer and said that we cannot comment on the action of the Supreme Court. So focus your debate on Dussehra rally.
It was also said during the debate that how can one say that we are the real Shiv Sena and the other fake. How can only Desai’s petition be allowed and not us? We have also applied on behalf of Shiv Sena. Uddhav faction’s lawyer SP Chinoy said that Shinde faction has booked BKC ground. To which Sada Saravankar’s lawyer said that this is wrong information. We have not booked any ground.
What is in the BMC’s argument?
BMC has rejected the application of both Eknath Shinde and Uddhav Thackeray regarding Shivaji Park. In such a case, BMC’s lawyer Milind Sathe told the Bombay High Court that Shivaji Park is a playground and comes in the silent zone. For this reason, we have rejected this demand of both the groups. It has also been said in the petition that according to the GR (circular) of the year 2016, Dussehra rally is allowed in Shivaji Park but in the same GR it has also been said that if any law and order problem arises, then this rally will not be held. Cannot organize. BMC said that we have rejected the application of both the factions without taking any side. According to GR, no one can forcibly organize events in the park. According to the GR, it is necessary to take permission every year for the rally. No person or organization can assert its authority for Dussehra rally at Shivaji Park.
BMC’s lawyer said that the police has given its report in this matter. In which it has been said that if Dussehra rally is organized in Shivaji Park then it may become difficult to handle the law and order situation. In such a situation, when both are face to face and have given such a report to the police. On this basis, we had decided not to allow both the groups. There has already been a court order that no political program can be organized in Shivaji Park. Then permission was sought from Shiv Sena by stating that Dussehra is a festival of the year, but today the situation is completely different.
The BMC told the court that the GR for the year 2016 clearly states which programs can be organized at Shivaji Park. In which 26 January, 15 August, Children’s Day, Ambedkar death anniversary, 3 days of Ganesh festival and Gudi Padwa all these programs can be done in the park. Nowhere in this GR is it written that Dussehra rally has been allowed. The GR dated 15 October 2012 was also mentioned. In the year 2017, three applications were given by Anil Desai, Sada Saravankar and Yashodhar Phanse. At the same time, in 2019, Anil Desai and Sada Sarwankar had applied. Then permission was given on Anil Desai’s application. Both these leaders were in Shiv Sena at that time.
In the year 2020 also, Sada Sarwankar had applied for Dussehra rally but permission was not given due to Corona. On 14 September 2022, the police had written a letter to the BMC asking that illegal banners should be taken out as the law and order in Dadar and Shivaji areas may be disturbed due to banner making. BMC’s lawyer told that both the sides have sought permission for Dussehra rally. Both the parties are calling themselves Shiv Sena. In such a situation, situations of dispute may arise. Earlier both were the same party so the situation was different.
