Shiv Sena’s Eknath Shinde faction on Thursday rejected a petition the party’s Uddhav Thackeray-led faction filed with the Bombay High Court asking the BMC to permit the party to stage its yearly Dussehra demonstration in Shivaji Park in Dadar, Mumbai.
The Shinde faction’s MLA Sada Sarvankar requested a delay of the case’s hearings until the Supreme Court or the Election Commission of India had decided “who represents the true Shiv Sena.”
The intervention plea submitted by Sarvankar stated that “as of date, there exists a dispute as to who represents the genuine Shiv Sena and the issue is pending before the Election Commission of India and as well as the Supreme Court.”
On Friday, the case will be heard.
The Thackeray faction was given permission to amend the plea and challenge the BMC order during the hearing today by a bench of Justices RD Dhanuka and Kamal Khata. This permission was communicated to the parties involved today.
BMC’s senior attorney Dr. Milind Sathe rejected the request for a modification, arguing that since the current petition has become infructuous, a new petition must be filed.
Senior Advocate Aspi Chinoy for the Thackeray-led party insisted, however, that since the petition was filed for approval, the BMC was obligated and duty-bound to grant it.
The Bench allowed the petitioners’ request to change the plea after acknowledging Chinoy’s request and stating that the Court’s authority to grant permission is broad.
Anil Desai and other petitioners claim that since 1966, the Shiv Sena has held its yearly Dussehra Melawa (Rally) at Shivaji Park.
The BMC commissioner was instructed to permit the Dussehra rally to be held at Shivaji Park in 2016, and as a result, permission was granted until 2019.
In 2020 and 2021, the demonstration was postponed because to the COVID-19 pandemic.
The argument argued that although more than a month had passed, the party had still not received approval from BMC despite applying on August 26, 2022, as required, to host the rally on October 5, 2022.
The petitioner was compelled to turn to the High Court for the necessary instructions as a result. See Supreme Court hears Eknath Shinde’s case: Uddhav Thackeray camp says Shiv Sena rebels will be disqualified
