The court will also hear an intervention application filed by Sada Sarvankar, MLA of the Dadar constituency from CM Eknath Shinde's camp opposing the petition and citing the dispute about who is the real Shiv Sena.
A division bench of Justices R. D. Dhanuka and Kamal Khata posted the matter for hearing tomorrow after the petitioners sought time to amend the petition and BMC sought time to respond.
Senior Advocate Aspi Chinoy for Thackeray submitted that the BMC has finally decided their application and refused permission this morning. Therefore, they were seeking some time for an amendment.
However, Senior Advocate Milind Sathe said that nothing survives in the petition and the amendment should not be allowed.
"The (BMC's) order merely says since an application has been filed by the MLA as well and there can be a law and order situation. My prayers are for permission, not for the BMC to simply decide the application," Chinoy said.
The court then allowed the amendment and said it will list both the petition and the intervention tomorrow.
Sada Sarvankar, MLA of Dadar constituency and member of Eknath Sinde led faction of Shiv Sena application sought impleadment as a respondent. He has alleged in his application that the petitioners have supressed material facts to get the court to pass directions in their favour.
He claimed there was no authorisation submitted by the secretary Anil Desai to file this petition on behalf of Thackeray led Sena. He further said that proceedings regarding who is the real Shiv Sena is pending before the Election Commission of India and the SC. Sarvankar said he is the sitting MLA from Dadar where the rally is proposed to be held.
"That the Applicant has also filed an application dated 30th August 2022 before the Respondent Authorities for holding Dussehra/Rally on 5 October 2022 on behalf of the real Shiv Sena Party which is also pending before the Respondent Authorities," his plea states.
Thackeray-led Shiv Sena had approached the High Court seeking directions to the Municipal Corporation of Greater Mumbai for permission to hold the party's annual Dussehra rally at the Shivaji Park ground on October 5, 2022.
Dussehra Melawa is held at Shivaji Park every year since 1966, and the Respondents BMC have always permitted the same on an Application made to them.
Infact, the Government's order 20.01.2016 specifically provides that Shivaji park may be used for Duserra Melawa and that the Municipal Commissioner should permit the same on an Application being made to him, the plea adds.
Case Title – The Shiv Sena and Anr. v. Municipal Corporation for Greater Mumbai and Ors.
