Sena to challenge BMC’s decision today

Mumbai After Brihanmumbai Municipal Corporation (BMC) denied permission to both Shiv Sena and the rebel faction led by chief minister Eknath Shinde to hold Dussehra rally at Shivaji Park on October 5, the Uddhav Thackeray-led party sought to challenge the decision by amending its petition filed in the Bombay high court

Mumbai After Brihanmumbai Municipal Corporation (BMC) denied permission to both Shiv Sena and the rebel faction led by chief minister Eknath Shinde to hold Dussehra rally at Shivaji Park on October 5, the Uddhav Thackeray-led party sought to challenge the decision by amending its petition filed in the Bombay high court.

The bench held that as the petition had raised larger issues, hence it was allowing the petitioner’s request and permitted amendment of the petition (Pratik Chorge/HT PHOTO)

HC has now permitted the party to revise the petition; the matter will be heard on Friday.

Meanwhile, Mahim MLA Sada Sarvankar, who is part of the Eknath Shinde rebel faction, has filed an intervention application opposing the party’s petition, claiming that they have suppressed information regarding the proceedings pending before the Supreme Court and the Election Commission of India (ECI) to decide on who is the head of Shiv Sena.

The division bench of justice R D Dhanuka and justice Kamal Khata, while hearing the petition filed by the Thackeray-led Shiv Sena and its secretary Anil Desai, was informed by senior advocate Aspi Chinoy that they wanted to amend the petition and include the challenge to the September 21 decision of the BMC.

Chinoy submitted that due to the urgency, the court should allow the amendment and hear the petition after lunch. However, senior advocate Milind Sathe, for the BMC, opposed the request for amendment of the petition, saying that a new petition should be filed.

After hearing both sides, the bench held that as the petition had raised larger issues, hence it was allowing the petitioner’s request and permitted amendment of the petition.

Thereafter, Sarvankar’s interim application was mentioned where he sought to stay the proceedings contending that the Thackeray-led faction had suppressed the facts pertaining to the dispute between the two Shiv Sena factions as to which is the real Shiv Sena that is pending before the Supreme Court and ECI.

In his application Sarvankar has stated that he is an elected representative of the area where the rally is proposed to be held and if HC passes the order favouring the Thackeray-led faction it will cause prejudice to him and the Shinde faction.

After hearing his application, the bench permitted Sarvankar to intervene in the petition, saying that the matters would be heard on Friday.