Case Note & Summary
The petitioner, Vijay Jagannath Salvi, a social worker, sought to organize a Body Building Competition at Late Jayanta Nathu Devlekar ground. The Kalyan Dombivali Municipal Corporation (KDMC) granted permission on 11.01.2023. However, on 17.01.2023, the KDMC withdrew the permission citing the Model Code of Conduct of the Election Commission, which was already in force when the permission was granted. The petitioner challenged this withdrawal as arbitrary. The court observed that the permission was granted despite the Code being in force, and the withdrawal communication did not indicate that the earlier grant was erroneous. The court held that the withdrawal was an afterthought and arbitrary. It set aside the communication dated 17.01.2023 and directed the KDMC to permit the event subject to usual conditions, including compliance with law and order, noise pollution, and traffic regulations. The petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Model Code of Conduct - Withdrawal of Permission - The Kalyan Dombivali Municipal Corporation had granted permission to the petitioner to hold a Body Building Competition on 11.01.2023, but later withdrew it on 17.01.2023 citing the Model Code of Conduct of the Election Commission. The court held that the withdrawal was arbitrary as the permission was granted when the Code was already in force, and the communication did not state that the earlier grant was wrong. The court set aside the withdrawal and directed the Corporation to permit the event subject to usual conditions. (Paras 5-7)
Issue of Consideration
Whether the withdrawal of permission to hold a Body Building Competition on the ground of the Model Code of Conduct being in force was arbitrary and illegal.
Final Decision
The court allowed the petition, set aside the communication dated 17.01.2023, and directed the KDMC to permit the Body Building Competition subject to usual conditions regarding law and order, noise pollution, and traffic. No order as to costs.
Law Points
- Model Code of Conduct
- Election Commission guidelines
- arbitrary withdrawal of permission
- municipal corporation powers
- fundamental rights
- freedom of assembly
Case Details
2023 LawText (BOM) (01) 164
Writ Petition No. 892 of 2023
Sunil B. Shukre, M. W. Chandwani
Mr. R. S. Datar a/w Mr. Dushyant Pagare a/w Ms Druti Datar for Petitioner, Mr. A. S. Rao for Respondent No. 1, Ms M. P. Thakur, AGP for Respondent No. 2
Kalyan Dombivali Municipal Corporation, The State of Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging arbitrary withdrawal of permission to hold a Body Building Competition.
Remedy Sought
Petitioner sought setting aside of the communication dated 17.01.2023 withdrawing permission and direction to permit the event.
Filing Reason
The KDMC withdrew permission granted on 11.01.2023 citing the Model Code of Conduct, which was already in force at the time of grant.
Previous Decisions
Permission was granted on 11.01.2023 and withdrawn on 17.01.2023.
Issues
Whether the withdrawal of permission on the ground of Model Code of Conduct was arbitrary and illegal.
Submissions/Arguments
Petitioner argued that the permission was granted despite the Code being in force, and withdrawal was an afterthought. Respondent KDMC submitted that the Code prohibited such events.
Ratio Decidendi
The withdrawal of permission was arbitrary because the permission was granted when the Model Code of Conduct was already in force, and the withdrawal communication did not state that the earlier grant was wrong. The court held that the Corporation could not revoke a validly granted permission without proper justification.
Judgment Excerpts
This is a case wherein the concerned officer of the Kalyan-Dombivali Municipal Corporation had granted permission to the party of the Petitioner on 11.01.2023 to organize and hold a Body Building Competition at Late Jayanta Nathu Devlekar ground.
the communication dated 17.01.2023 issued by the KDMC, almost as an after thought the permission so granted has been withdrawn by the concerned officer of the KDMC on the ground that Code of Conduct of the Election Commission, being in force, no permission can be granted to the Petitioner to organize a Body Building Competition.
This communication, it is pertinent to note, does not mention that permission granted earlier was wrong
Procedural History
The petitioner filed Writ Petition No. 892 of 2023 before the Bombay High Court challenging the withdrawal of permission. The court heard the matter on 20.01.2023 and disposed it at the admission stage with consent.
