The Bombay High Court recently dismissed a petition seeking directions to create uniform rules for Ganpati Utsav celebrations in accordance with traditional practices.
The court noted that this was the second PIL on the same issue, and that the previous plea had been rejected, thus making this one too unworkable.
A bench comprised of acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that a high court co-ordinate bench had refused to grant relief in a PIL filed by the same petitioner seeking similar reliefs in 2016.
The bench noted that “not a single instance of the government failing to take safety measures is narrated” in the petition. It was also stated that the petitioner did not propose any such measures.
The court noted that the same petitioner had filed another PIL in 2016 asking the authorities not to grant permission to unregistered Ganpati mandals to celebrate the Ganpati festival. The petition from 2016 sought action against Ganpati mandals for soliciting donations without first obtaining permission from the charity commissioner. The PIL also sought to establish guidelines for the safety of those attending Ganpati festivals.
The bench noted, “For the same purpose, the second PIL would not be tenable,” The court noted in its September 2016 order that there is no mention of a specific incident. There are no such instances provided for in the current case. The current PIL cannot be considered in light of the order dated September 2, 2016. As such, the PIL is dismissed.”
