Bombay HC allowed a member of the Shiv Sena to hold a bodybuilding competition, stating that it does not violate the Election Commission's model code of conduct

Case: Vijay Jagannath Salvi vs Kalyan Dombivali Municipal Corporation

Bench: Justices Sunil Shukre and MW Chandwani 

The Bombay High Court recently allowed a member of the Uddhav Thackeray faction of Shiv Sena to hold a bodybuilding competition, stating that it does not violate the Election Commission's imposed model code of conduct. The court deemed bodybuilding to be a secular activity and not capable of causing tensions or aggravating differences between political parties, castes, or communities.

The bench was hearing a plea by Vijay Salvi, a member of the Uddhav Thackeray faction of Shiv Sena, who challenged the decision of the Kalyan Dombivali Municipal Corporation (KDMC) to revoke its earlier permission for the bodybuilding competition due to the presence of the model code of conduct in the area. The KDMC argued that the competition could create or worsen differences between two factions of the Shiv Sena party, which are in conflict, violating the general conduct clause of the model code of conduct.

The Court ruled that the model code of conduct does not impact a sport like bodybuilding and that the KDMC officers failed to provide a clear explanation for the differences between the factions of Shiv Sena.

The court found that the KDMC had canceled the permission without giving Salvi an opportunity to defend himself, and thus set aside the KDMC's decision. The judges emphasized that bodybuilding is not an event that stirs public emotions or sentiments.