[Ganesh Chaturthi] Authorities Must Maintain Tranquility So That Religious Rituals Are Observed Freely: Allahabad High Court

In a significant observation, the Allahabad High Court has said that the administrative authorities cannot absolve themselves of the responsibility for law and order and maintaining tranquility to ensure that the religious practices and rituals are observed freely and without any invasion of public tranquility.

The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla further remarked that administrative authorities are required to blend their decision and not be indifferent to the people of faith.

With this, the Court disposed of a plea seeking a writ of mandamus to the Shravasti District Administration to allow the representation filed by the petitioner [Sri Bal Ganesh Pooja Mahotsav Samiti] seeking permission to celebrate Ganesh Chaturthi between August 31 to September 6 and to allow idol immersion.

Now, when the District, Bhinga Police and Tehsil administration failed to take a decision on the representation filed by the petitioner Samiti, its President Laxmi Niwas Tiwari moved to the High Court with the instant plea seeking the required permission and direction to the local administration.

At the outset, the Court observed that the cause espoused in the writ petition lies more in the domain of administrative authorities, who have to blend their decision and not be indifferent to the people of faith.

Further, noting that the Pooja on the occasion of 'Ganesh Chaturthi' is round the corner, the Court emphasized that the religious faiths have to be secured within the constitutional framework as long as they stand.

"Administrative authorities thus cannot absolve themselves of the responsibility towards law and order and maintaining tranquility to ensure that the religious practices and rituals are observed freely and without any invasion upon the public tranquility," the Court remarked.

Consequently, the petitioner was permitted to make a representation before the district administration so that the necessary arrangement is ensured within the constitutional framework by maintaining law and order as well as cultural togetherness.

"In case such a representation is made, the same shall be considered and decided in accordance with the law forthwith," the Court further directed as it disposed of the writ petition.

Advocate Sharvan Kumar Pandey appeared for the petitioner samiti.

Case title - Sri Bal Ganesh Pooja Mahotsav Samiti Thru. President Laxmi Niwas Tiwari v. State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others [WRIT - C No. - 5854 of 2022]

Case Citation: 2022 LiveLaw (AB) 415

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