HC stays state’s decision to allot major part of JDS office to Prahar Janshakti Paksh

MUMBAI: The Bombay high court (HC) has temporarily stayed the state government’s recent decision to allot a major part of the office space allotted to Janata Dal (Secular) Maharashtra (JDS) to former minister Bacchu Kadu’s Prahar Janshakti Paksh.

The division bench of justice Sunil Shukre and justice Firdosh Pooniwalla on Tuesday stayed implementation of the government resolution issued by the general administration department on August 23, 2023, allocating 700 square feet of space from the premises allotted to JDS as its Maharashtra headquarters to Prahar Janshakti Party.

The bench stayed the impugned order primarily because of it being issued without granting any opportunity to JDS. “We direct that there shall be an interim stay to the effect and operation of the impugned order till the next date,” said the bench.

In its petition filed to challenge the August 23 GR, JDS has stated that the three rooms in CDS Barrack No. 10 at Jeevan Bima Marg near Mantralaya were allotted to it to house its Maharashtra headquarters way back in August 1978 and its 1,50,000 members across the state regularly visit the office.

The petition added that on July 18, president of Prahar Janashakti Party had addressed a letter to the chief minister, requesting him to allot space for the party’s headquarters. In the letter, Bachchu Kadu specifically mentioned that the JDS office in CDS Barrack No. 10 was closed and was not in use.

It stated that JDS functionaries in Mumbai came to know about the August 23 GR, the next day when it was uploaded by a Prahar Janashakti worker on his Facebook account. JDS moved to the high court, seeking urgent orders, after a deputy engineer with the public works department visited the JDS office along with his staff in the afternoon of August 24 and started taking measurements to give effect to the GR.

The petitioner party has further contended that the reduction of its office space from 900 square feet to 200 square feet was arbitrary and based on falsity that the JDS office was closed and not in use. In support of their claim that the office was put to use on a regular basis for the party’s activities, it has annexed several photographs of the programs at the office premises.

The petition added that the office space has been recognised by the State Election Commission as the Maharashtra headquarters of JDS and the space could not have been reduced in such a brazen manner, unilaterally and without giving any notice or opportunity of hearing to the petitioner party.

The court has now posted the petition filed by Janata Dal (Secular) for further hearing on September 27 after advocate Pratap Nimbalkar, who represented Prahar Janashakti Party time to file their affidavit in reply. Nimbalkar said the state government must have done some due diligence before allotting the office space for Bachchu Kadu’s party.