The Bombay High Court has lately allowed member of the Uddhav Thackeray faction of Shiv Sena for organising a body building competition.
The permission was granted as the Court found that activity like body building competition does not breach the model code of conduct (MCC) which has been imposed by the Election Commission.
A division bench comprising of Justice Sunil Shukre amd Justice MW Chandwani mentioned that body building is a ‘secular’ activity and by no means can widen the differences between two political parties.
The bench observed that the activity like body building is about health, strength, energy and vigour; about spirit of competition.
Court added that such activities offer something in which any one can participate, irrespective of his caste, creed, religion or political affiliation.
Adding that this is a very secular and neutral activity and one that promotes overall welfare of the society. Therefore, permitted.
The judge while giving order said that activities like this instead of any harm lead to bridge the gap between two parties or ideologies.
The judges said that organizing a sports event like Body Building Competition, is not something which could be considered from any angle as amounting to aggravating existing differences. It is only those acts which cause annoyance to other group or which tend to insult or humiliate other group or which spread falsehood or canards or which infame religious or communal feelings or which praise one group or community and denigrate other group or community on the ground of caste, religion, community or language would fall within the mischief.
The bench was hearing plea filed by Vijay Salvi, a member of the Uddhav Thackeray faction of the Shiv Sena party, who has challenged the order of the Kalyan Dombivali Municipal Corporation (KDMC) officers, who revoked a permission granted earlier to organise a body building competition.
The civic body contended that as per the general conduct clause of the model code of conduct, the body building competition cannot be allowed as it can create or aggravate the existing differences between the two factions of the Shiv Sena, which are at loggerheads.
The Court, however, opined that the code of conduct does not in any manner impact an event like a body building competition, which is a sport and not an event arousing public feelings or fanning public sentiments.
“A body building competition is not prohibited, as this clause applies to something sought to be done by a political party or a candidate which amounts to aggravating existing differences between the parties or creating mutual hatred or causing tension between different castes and communities, religious or linguistic,” the bench said.
The bench observed that officer of KDMC could not explain the ground of rejection noted that the KDMC officers failed to explain the unfounded belief or a hunch and hence is not something which is in the nature of existing differences.
The judges further said that such abrupt cancellation is not accepted and one must always think about the preparations that go behind such programmes including invitations,other expenses which once indulges after getting due permission noted that the civic body cancelled the permission.