The High Court of Karnataka on Tuesday permitted the Commissioner of Hubballi-Dharwad Municipal Corporation (HDMC) to consider the applications received by him for installation of Ganesha Idol, and holding religious and cultural activities at Idgah Maidan, Hubballi, for a limited period and pass appropriate order in accordance with law.
Justice Ashok S. Kinagi passed the interim order on a petition filed by Anjuman-E-Islam, Hubballi. The petitioner had questioned the legality of the decision taken by a House Panel of the corporation to allow installation of Ganesha idol for three days at the maidan. One of the contentions of the petitioner was that the House Panel had no jurisdiction to take a decision on using the maidan, which is a property of the HDMC as such a power is vested with the commissioner.
The petition was taken up for hearing in a special sitting on Tuesday morning even though it was a holiday for the High Court for Sri Gowri festival as the petitioner had moved the court citing urgency.
Though the petition was taken up for hearing at 11 a.m., the judge adjourned further hearing till 3.30 p.m. as it was informed by the advocates of the petitioner as well as the HDMC that a similar issue is being considered by the Supreme Court on Tuesday as the Karnataka State Board for Auqaf had filed a Special Leave Petition (SLP) before the apex court. In the SLP, the board had questioned permission granted by a Division Bench of the High Court on August 26 to the State government to consider allowing use of Idgah Maidan, Chamarajpet in Bengaluru, for religious and cultural activities, in addition to the permission granted by a single judge to use it for Ramzan and Bakrid payers, hoisting the national flag on Independence and Republic Days, and as a play field.
The advocates for the petitioner and the HDMC too have said that the petition may be considered after the board’s SLP is examined by the apex court, which was expected to be decide the matter later in the day.
However, when the petition was taken up for hearing again at 4 p.m. by the High Court, it was informed that a two-judge Bench of the apex court had referred the SLP to a three-judge Bench. And the advocate for the petitioner conceded that an interim order may be passed in terms of the order passed by the Division Bench in Chamarajpet Idgah maidan case while seeking a liberty to move the High Court in case the apex court passes any order in the SLP.
Following these submissions, Justice Kinagi permitted the HDMC Commissioner to consider the applications received for installation of Ganesha idol, religious and cultural activities, while reserving the liberty to the petitioner to knock the doors of the High Court again in case the Supreme Court passes any order in the Chamarjpet Idgah maidan case.
