Body-Building Competition Is Secular And Neutral Activity: Bombay HC Allows Member of Uddhav Thackeray Faction To Conduct Event

A Division Bench of the Bombay High Court comprising Justice Sunil B Shukre and M.W Chandwani has recently allowed a member of the Uddhav Thackeray faction to conduct a body-building competition after the Kalyan Dombivali Municipal Corporation refused permission to conduct the event.

The division bench while granting permission and setting aside the order of the corporation noted that bodybuilding is a neutral and secular activity. The order stated,

“A Body Building event is, on the other hand, about positivity; about health, about strength, energy and vigour; about spirit of competition. It is something in which any one can participate, irrespective of his caste, creed, religion or political affliation. In a way it is a secular and neutral activity and also an activity which promotes overall welfare of the society. Therefore, such an activity cannot be considered to be an activity which aggravates the existing differences between two political parties.”

The municipal corporation had granted permission for conducting the event, however, a later communication revoked the permission to conduct the event citing that the Model Code of Conduct was in force. However, the communication did not mention that permission granted earlier was wrong and was the result of some misconception nurtured by the concerned officer in understanding the provisions of the Code of Conduct.

The council for the Municipal Corporation informed the court that the earlier permission was erroneously given and that error had now been corrected. The court opined that what was not stated as a reason or ground for taking a decision could not be supplied later on by way of affidavit-in-reply or as a submission made to the Court.

The bench said that "body-building competition does not affect the Code of Conduct and it is a sport, pure and simple, and not an event arousing public feelings or fanning public sentiments".

The counsel for the petitioner argued that any body-building competition if held, would not lead to aggravating the differences between the political parties or creating mutual hatred, or causing tension between different castes and communities, religious or linguistic.

On the contrary, the counsel for the corporation argued that there was already an existing difference between the two parties and that two factions were created out of the original Shiv Sena party. He submitted that if the body-building competition is permitted to be held, the differences between these two factions would increase.

The court while allowing the petition said that body-building competition is about health, strength, and about positivity. The order read,

“A Body Building event does not, however, fall in any of these categories of acts, which are per se obnoxious; unpleasant; avoidable; even illegal and negative in every sense of the term. A Body Building event is, on the other hand, about positivity; about health, about strength, energy and vigour; about spirit of competition. It is something in which any one can participate, irrespective of his caste, creed, religion or political affliation.”

The bench further said that the corporation did not give an opportunity of being heard to the petitioner. The order stated,

“Such abrupt, sudden and one-sided cancellation of the permission is arbitrary, to say the least. After all, one must fathom that the organizer has gone ahead with making preparations, issuing invitation cards and thereby incurring some expenses in the matter after having received the permission.”

Case Title: Vijay Jagannath Salvi vs Kalyan Dombivali Municipal Corporation