Bombay High Court rejected the petition of Sada Saravankar, the biggest blow to the Shinde group IG News

Mumbai, September 23: The issue of who exactly should be allowed in the Dussehra Mela was finally heard in the Bombay High Court. In the Bombay High Court, arguments were made by all the three parties namely Mumbai Municipal Corporation, Eknath Shinde’s group and Uddhav Thackeray’s group. After hearing the sides of all the three parties, the court started reading the verdict. The Bombay High Court rejected the mediation petition of Shinde group MLA Sada Saravankar. The municipality’s decision to reject the application was correct. The observation court noted that the municipality refused permission only considering law and order. At this time, we have to see how the municipality gave permission in 2017, said the judge. Before 2016 Shiv Sena got permission. The Dussehra gathering has been taking place at Shivaji Park for many years. We don’t want to go into who is the real Shiv Sena. The applications on both the 22nd and 26th were received by the municipality. The judge mentioned that there is a plea that Shiv Sena has not received a response from the municipality. The police gave a law and order report to the municipality on the 21st. The court said that the police had given a report of not giving permission due to law and order. Shiv Sena chief Uddhav Thackeray’s group and Chief Minister Eknath Shinde’s group reached the Bombay High Court today. Both groups want to have a Dussehra gathering. Both groups want to hold a Dussehra gathering at Chhatrapati Shivaji Maharaj Park Maidan or Shivtirtha in Mumbai. For this, an application was made to get permission from the Mumbai Municipal Corporation from both the groups. But considering security, the Mumbai Municipal Corporation denied permission to both the groups for the Dussehra gathering at Shivtirtha to avoid any law and order issue. But Thackeray and Shinde group knocked on the door of Bombay High Court on this issue. After that, arguments were made by Shinde group, Thackeray group and Mumbai Municipal Corporation today in Mumbai High Court. After the arguments of all the three sides were over, the verdict was read out by the court immediately.

What exactly happened in the court?

BMC lawyer Milind Sathye’s argument started first. Points of his argument:

On 15 October 2012 and 24 October 2012, the High Court passed an order. Shiv Sena should allow this year. The position was taken that the right of the next year will be waived. Balmohan Vidyamandir, had given up rights for the Children’s Day programme. 3 applications were received on behalf of Shiv Sena. 3 applications were given in 2017 on behalf of Head of Department Shashi Phadke, Anil Desai and Sada Saravankar. 2019 again had 2 applications. Applications were received from Sada Saravankar and Anil Desai. Then in 2019 permission was given in favor of Anil Desai. Sada Saravankar’s application was for 2020. But permission was denied due to Corona crisis. The permission was denied due to the lack of government decision due to Corona. On September 14, 2022, the Senior Police Inspector gave a letter to the BMC. It contained the content that putting up illegal political posters can create controversy. The police explained that the incident created a law and order problem. Anil Desai’s permission letter came on August 26. On August 30, Sada Saravankar gave the permission letter. BMC sought the opinion of the Deputy Commissioner of Police after receiving the permission letter from 2 parties. The police gave the letter mentioning the rally between the two groups of Shiv Sena. It was clearly opined that law and order issue may arise if permission is granted. Local MLA Sada Saravankar received a letter from the police saying that if he was denied permission for Dussehra gathering last 2 years, he should be allowed this year. However, since there are 2 applications in the same letter, the law and order problem may arise, the Deputy Commissioner of Police gave a clear written opinion to the BMC that permission should be denied to both. Although there are many applications to get Shivaji Park ground, Sada Saravankar’s application is always there. Law and order can be created. Due to the clear feedback given by this police, the permission was denied to both of them. Because of the tension between the 2 groups, the police report that an argument took place between them. It is history that both Anil Desai and Sada Saravankar have been applying for this Dussehra gathering for many years.

Argument of Sada Saravankar’s lawyer Janak Dwarkadas:
– Applicant Sada Saravankar is a local MLA of the party and his office is also in the same area – Second applicant Anil Desai is an MP and not a resident of that area – Every time Sada Saravankar asks for permission – Saravankar is a local MLA and Desai is a party secretary – i.e. the application of the local MLA is Feasible – Many errors in this petition – Uddhav Thackeray is no longer in government – Original party Supreme Court dispute – Ongoing hearing with Election Commission – Saravankar has not said anywhere that he is not in the party – Due to such ground reality, he has the right to plead as an arbitrator – Saravankar is in Shiv Sena. and the government belongs to Shiv Sena – What is Shiv Sena? – Secretary Anil Desai Why Shiv Sena application? – Is the application of local Shiv Sena MLA Sada Saravankar not Shiv Sena? – How can Anil Desai say that Sada Saravankar is not in Shiv Sena as hearing is going on in Supreme Court – Desai should say that we have no local MLA

Justice RD Dhanuka refused to hear anything about the ongoing hearings with the Supreme Court and the Election Commission and gave Sada Saravankar’s lawyer Janak Dwarkadas a clear earful.

Saravankar’s lawyer Janak Dwarkadas again started raising issues about the events in the Shiv Sena between Uddhav Thackeray and Eknath Shinde, after which Judge RD Dhanuka again stopped him and gave a harsh speech. It is clear that you need to understand what the argument is about. But Janak Dwarkada was not ready to give up his cause. After that, the court expressed its displeasure.

Argument by Thackeray group counsel Espi Chinoy
– Dispute is not an issue in Shiv Sena – There is no question of creating law and order problem – The first application is ours – Municipal Commissioner did not deny that we are not Shiv Sena – Saravankar is a local MLA – Local MLA does not mean a party – We sought permission as a party

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