Eknath Shinde-led Shiv Sena opposed the plea filed by Uddhav Thackeray-led faction of the party before the Bombay High Court seeking permission to hold Dussehra rally at Shivaji Park, alleging that they were trying to get a "back door" order from court that they are the real Shiv Sena
Sada Sarvankar, sitting MLA from Dadar where Shivaji Park is located and belonging to Shinde faction, filed an application before the HC praying not to hear the petition by Uddhav Thackeray till the issue of "who represents the real Shiv Sena" is resolved either by the Supreme Court (SC) or the Election Commission of India (ECI).
His application, filed by Sada Sarvankar, states that they seek to place on record "certain facts and documents which have been deliberately and wilfully suppressed by the petitioner (Uddhav Thackeray led Shiv Sena) in order to surreptitiously obtain an order from this court".
Alleging that the petitioner had approached the HC with "unclean hands", the Eknath Shinde faction has said "there exists a dispute as to who represents the real 'Shiv Sena' political party" and the said issue is pending before the Election Commission of India and the Supreme Court.
It further alleges that they are trying to get a "back door" order from HC that they are the real Shiv Sena.
During the hearing on Thursday, a bench of Justices RD Dhanuka and Kamal Khata allowed the Thackeray faction to amend the plea and challenge the BMC order passed on September 21 and communicated to the concerned parties today.
Milind Sathe, counsel for BMC, opposed the prayer for an amendment stating that a fresh petition will have to be filed, as the present petition has become infructuous.
However, Senior Advocate Aspi Chinoy for Thackeray-led faction contended that the petition was filed for permission and it was a mandatory obligation and duty upon BMC to grant permission.
The petition filed by Shiv Sena and Anil Desai, states that Shiv Sena has been conducting its annual Dussehra Melawa (Rally) at Shivaji Park since 1966 when the party was formed.
On October 20, 1966, the Shiv Sena’s first Dussehra Melawa was held on the auspicious day of Dussehra/Vijayadashami at Shivaji Park, Dadar. Shiv Sena was registered as a political party on October 19, 1989.
The petition states that the HC, in October 2015, granted it permission to hold the rally at Shivaji Park.
In June 2016, the State government issued a notification regulating Shivaji Park ground for non-sports/ recreational activities. The notification "expressly referred to and permitted the Dussera Melawa", reads the petition.
The HC has kept the petitions for hearing on September 23.