The Bombay High Court set aside the impugned communication dated 11.01.2023 issued by the Kalyan-Dombivali Municipal Corporation (“KDMC”). A division bench of this Court comprising Hon’ble Justice Sunil B. Shukre and M.W. Chandwani held that the Body Building Competition is a secular and neutral activity and the permission for organizing the event cannot be canceled due to the Code of Conduct prescribed by the Election Commission.
Brief Facts:
The background facts of the case were that KDMC had granted permission to the Petitioner on 11.01.2023 to organize and hold a Body Building Competition. However, the permission had been withdrawn by the concerned officer of the KDMC on the ground that the Code of Conduct of the Election Commission, being in force, no permission can be granted to the Petitioner to organize a Body Building Competition. The Petitioner had challenged the communication through which his permission to organize the Body Building competition was canceled.
Contentions of the Petitioner:
The learned Counsel for the Petitioner submitted that a general code of conduct applies to something sought to be done by a political party or a candidate, which amounts to aggravating existing differences between the parties. He further submitted that by no stretch of the imagination can it be stated that any Body Building Competition, if held, would aggravate the differences between the political parties, create mutual hatred or cause tension between different castes and communities, religious or linguistic. It was also contended by the learned Counsel that even if the bodybuilding competition is being organized and sponsored by one political party, it would not mean it is doing so to tease other groups with a view to aggravate any existing differences between the two political groups.
Contentions of the Respondent:
The learned Counsel for the Respondent submitted that there are already two factions of the original Shivsena Party, and these factions are at loggerheads. The differences between these two factions would increase if the Body Building Competition is permitted to be held. In support, the Counsel invited the attention of this Court to the pamphlet issued by Shivsena Shakha, which shows that Shivsena Shakha is organizing this Body Building Competition.
Observations of the Court:
This Court observed that organizing a sports event like Body Building Competition is not something that could be considered from any angle as amounting to aggravating existing differences. The Court had the opposite view that “a Body Building event is about positivity; about health, about strength, energy, and vigor; about the spirit of competition. It is something in which anyone can participate, irrespective of caste, creed, religion, or political affiliation. In a way, it is a secular and neutral activity and also an activity which promotes overall welfare of the society”.
In respect to the argument raised by the learned Counsel for the Respondent that the differences exist between two political groups of original Shivsena, the Court came to the view that the Counsel neither explained the nature of the alleged differences nor disclosed the source of his information. Therefore, the impugned communication was found arbitrary and bad-in-law.
The decision of the Court:
The Bombay High Court set aside the impugned communication dated 11.01.2023 issued by the KDMC.
Case Title: Vijay Jagannath Salvi vs Kalyan Dombivali Municipal Corporation and another
Coram: Hon’ble Justice Sunil B. Shukre and M.W. Chandwani
Case no.: WRIT PETITION NO. 892 OF 2023
Advocate for the Petitioner: Mr. R. S. Datar
Advocate for the Respondents: Mr. A. S. Rao and Ms M. P. Thakur
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