Manas Dasgupta
NEW DELHI, Sept 23: Even while declaring that it would not dwell into which faction is the “real” Shiv Sena, the order of the Bombay High Court on Friday permitting the Uddhav Thackeray-led Sena to hold its annual Dussehra rally at the traditional Shivaji Park ground came as a big boost to the party.
A division bench of the High Court held as a “clear abuse of the process of law and bonafide,” the earlier order of the Brihanmumbai Municipal Corporation (BMC) denying permission to either of the factions from holding the rally at the Shivaji Park.
The division bench comprising Justices R D Dhanuka and Kamal Khata allowed the Thackeray-led party to use the ground from October 2 to October 6 while asking it to maintain law and order dealing the Sena faction led by the chief minister Eknath Shinde a major blow. The court rejected the Shinde faction’s request to not decide on the petition until the dispute over claim to the party was settled.
The court granted permission to petitioner to hold Dussehra rally on October 5 at Shivaji Park and allowed it to use it for preparations from October 2. It added that the police has liberty to video-record the entire event and if petitioners are found responsible then, that can be a ground for refusing permissions in future.
On September 21, the BMC had refused permission to the Thackeray camp as a similar application had been filed by MLA Sada Sarvankar of the rival Sena faction led by Shinde and said if permission was granted to one faction, it would lead to law and order problems as apprehended by local police. The Thackeray faction challenged the BMC decision, to which the Shinde faction made an intervention plea. Dadar MLA Sada Sarvankar, part of the Shinde faction, had argued that under the garb of the present petition, the petitioners (Thackeray-led Shiv Sena) were trying to lay claim on the party.
Kiran Pawaskar, the leader of the Shinde camp which already has permission for holding a parallel rally at the Bandra Kurla Complex Ground, said they would be meeting their lawyer to discuss whether they wish to challenge the Bombay HC’s order in Supreme Court or not.
Setting aside the BMC’s order denying permission to the Thackeray faction for holding the Dussehra rally at Shivaji Park, the Bombay High Court Order said, “In our view, impugned order is clear abuse of power granted to it under law It was clearly on the ground that because another application was filed by another person.
“It is not a case of corporation that in last several decades law and order situation was created due to Dussehra melawa. We are satisfied that in this case BMC has misused the power by refusing grant of permission on flimsy ground that there was another application and would create law and order situation .In our view, the petitioners made case to quash impugned order passed by BMC. We accordingly hold that order dated September 21 passed by BMC based on application by petitioner is quashed and set aside.’
The Court said, the “BMC lawyer could not explain as to why the applications could not be decided by BMC between August 22 and September 21. Decision was given by BMC after service of petition to them. The sequence of events clearly indicates that local police submitted report and decision of BMC was also based on that and both were on same day on September 21. In view of rival claims made by petitioner Desai and Sada Sarvankar, it would have obtained reports from police immediately after applications were received. The decision by BMC is not bona fide decision.”
Before issuing the order on the permission for the Dussehra rally, the bench made it clear that it would not go into the issue of the “real” Shiv Sena. “Before we go into rival contentions of parties, we are not inclined to express our views as to who is real Shiv Sena in general and same is pending before ECI and SC. Though Dwarkadas for Sarvankar invited out attention towards it, we do not propose to go into the issue,” the bench said.
The Thackeray-led Shiv Sena welcomed the decision, saying its faith in the judiciary stood vindicated. Party spokesperson Manisha Kayande said this year’s rally will be grand. There must have been some pressure on the BMC for denying the permission, she claimed.
“Our faith in the judiciary stands vindicated. For the last many years, Dussehra rally has been taking place at ‘Shiv-tirtha’ (as the Sena refers to Shivaji Park), but this time attempt was made through the Shinde faction and BJP to create obstacles. Thankfully, the court rejected it,” said Sena secretary Vinayak Raut.
“Dussehra melawa is not only for Shiv Sena but it is for all who believe in Hindutva and the thoughtful messages are propagated by Uddhav Thackeray,” said petitioner Anil Desai. Desai said Uddhav Thackeray was happy with the Bombay HC decision. When asked whether the victory in court be change of fortune of Thackeray, Desai said, ‘Let’s hope for the best and truth will always prevail.’
Shiv Sena has been holding the rally on Dussehra every year since 1966. The event is significant this year as Sena is now split up into two factions and the rally was not held in 2020 and 2021 due to the Covid-19 pandemic.
Uddhav Thackeray had in August taken a dig at Shinde, saying the party is not sure whether it will get permission for the event. Thackeray went on to say that whatever happens, he will hold a Dussehra rally at Shivaji Park.
“Shiv Sena’s Dussehra rally will be held at Shivaji Park in Mumbai. Shiv Sainiks from all over the state will reach for this rally. We do not know these technical things whether the government will give permission or not. We will hold the rally. It doesn’t matter to us whether others will hold rallies or not. Shiv Sena has grown not by traitors but by the blood of Shiv Sainiks,” Thackeray had said, addressing workers of his party. He is expected to give a big speech on the developments in Maharashtra at the rally, to be held on October 5.
But while the High Court order came as a big boost to the Thackeray faction, both the Sena factions suffered blows in the elections for sarpanches which were swept away by the BJP. While the BJP and Shinde faction together won 299 posts out of 547 in 17 districts in Maharashtra with BJP alone accounting for 259 posts, the Thackeray faction also won around 40, equal to the Shinde faction, the Nationalist Congress Party 130 and the Congress around 80 posts. Clearly the BJP has made net gains at the cost of the Shinde faction.
It was the first electoral test in Maharashtra after the collapse of the Thackeray-led three-party Maha Vikas Aghadi government. The MVA leaders admitted that the results indicate that “the big battle ahead will be between the BJP and NCP”. “The Uddhav Sena would likely play second fiddle to the NCP in successive elections in Maharashtra,” they said.
Shinde used the results to send a message to the Sena ranks, saying: “From the beginning, we warned Uddhav Thackeray that the NCP was out to finish the Sena. But he never heeded our warning. He was smitten by the post of chief minister.”
Asking Sena workers to ponder “what the NCP has done to the Thackeray Sena”, Shinde said: “The NCP’s consolidation began after the formation of the MVA. It wants to overtake the Uddhav Sena.”
Dismissing “internal sabotage” as a cause for the Uddhav Sena’s poor performance, Congress president Nana Patole said, “The government’s decision to push for direct sarpanch polls helped the BJP manipulate the laws to have an upper hand.” He also claimed that when it came to gram panchayat members, the Congress, NCP and Uddhav Sena were stronger compared to the BJP.
