Case Note & Summary
The petitioner, Rajendra Sharma, a social worker from Wardha, filed a writ petition challenging an order of the Collector, Wardha (respondent no.1) granting permission to respondent no.2, Serva Sewa Sangh, to hold a gathering of 100 persons. The Court, on 25.11.2020, made prima facie observations that the Collector had breached State Government orders dated 30.09.2020 and 29.10.2020 which prohibited large public gatherings. However, the Court granted the Collector liberty to introspect and revise the order. On 26.11.2020, the Collector passed a revised order reducing the gathering to 50 persons. The petitioner argued that even the revised order did not fulfill the requirements of the government orders, contending that any gathering not falling within exceptions should be considered prohibited. The Court, however, noted that the government orders did not prescribe a specific number for 'large' gatherings, but the revised order permitting only 50 persons was a small gathering and thus complied with the directives. The Court disposed of the petition, recording the revised order and stating that no further interference was required. The judgment was delivered by a Division Bench of Justices Sunil B. Shukre and Avinash G. Gharote on 27.11.2020.
Headnote
A) COVID-19 Regulations - Public Gatherings - Prohibition of Large Congregations - Government Orders dated 30.09.2020 and 29.10.2020 - The Collector initially granted permission for a gathering of 100 persons, which was found to be in breach of government orders. Upon being granted liberty to revise, the Collector reduced the gathering to 50 persons. The Court held that the revised order now complies with the government directives as it permits only a small gathering, not a large one. (Paras 2-4)
Issue of Consideration
Whether the revised order of the Collector granting permission for a gathering of 50 persons complies with the State Government orders dated 30.09.2020 and 29.10.2020 prohibiting large public gatherings.
Final Decision
The Court disposed of the petition, recording the revised order of the Collector dated 26.11.2020 granting permission for a gathering not exceeding 50 persons, and held that no further interference is required.
Law Points
- Interpretation of government orders prohibiting large public gatherings
- Compliance with executive orders
- COVID-19 restrictions on congregations
Case Details
2020 LawText (BOM) (11) 59
Writ Petition (ST) No.11681/2020
Sunil B. Shukre, Avinash G. Gharote
Mrs. Ashwini Athalye for petitioner; Shri S. Y. Deopujari, Government Pleader with Shri S. M. Ukey Addl. P.P. for respondent no.1; Shri A. B. Bhate for respondent no.2
Rajendra s/o Kewalkrishna Sharma
The State of Maharashtra through the Collector, Wardha; Serva Sewa Sangh through its Managing Trustee
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Nature of Litigation
Writ petition challenging the Collector's order granting permission for a large gathering during COVID-19 pandemic.
Remedy Sought
Petitioner sought quashing of the Collector's order granting permission for a gathering of 100 persons.
Filing Reason
The Collector granted permission to respondent no.2 to hold a gathering of 100 persons, which the petitioner alleged was in breach of State Government orders prohibiting large public gatherings.
Previous Decisions
The Court on 25.11.2020 made prima facie observations that the Collector breached government orders and granted liberty to revise the order. The Collector revised the order on 26.11.2020 reducing the gathering to 50 persons.
Issues
Whether the revised order of the Collector granting permission for a gathering of 50 persons complies with the State Government orders dated 30.09.2020 and 29.10.2020 prohibiting large public gatherings.
Submissions/Arguments
Petitioner argued that even the revised order does not fulfill the requirements of the government orders as large public gatherings are altogether prohibited, and no number being prescribed, any gathering not falling within exceptions should be considered prohibited.
Ratio Decidendi
A gathering of 50 persons is a small gathering and not a large public gathering, and thus the revised order complies with the State Government orders prohibiting large public gatherings.
Judgment Excerpts
The revised order now passed on 26.11.2020, grants permission to the respondent no.2 to hold a small gathering of persons not exceeding 50.
According to learned counsel for the petitioner, even the revised order does not fulfill the requirements of the Government orders dated 30.09.2020 and 29.10.2020 as large public gatherings/congregations have been altogether prohibited.
Procedural History
The petitioner filed a writ petition challenging the Collector's order granting permission for a gathering of 100 persons. On 25.11.2020, the Court made prima facie observations and granted liberty to the Collector to revise the order. The Collector revised the order on 26.11.2020 reducing the gathering to 50 persons. The Court heard the matter on 27.11.2020 and disposed of the petition.
