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The MNS Leader had approached the high court after the Maharashtra State Election Commission had issued a show cause notice to him followed by a charge sheet filed by the police against him for violating the model code of conduct during the 2010 civic elections
The Bombay High Court has quashed the FIR filed against Maharashtra Navnirman Sena (MNS) Raj Thackeray filed against him in connection with proceedings initiated during the 2010 civic elections.
The judgement was pronounced today by a division bench of Justice AS Gadkari and Justice Sharmila Deshmukh.
The division bench had reserved the judgment on the 13th of October 2023.
The MNS Leader had approached the high court after the Maharashtra State Election Commission had issued a show cause notice to him followed by a charge sheet filed by the police against him for violating the model code of conduct during the 2010 civic elections.
The allegation against Thackeray was that he had exceeded the allowed duration of stay within the Kalyan Dombivali Municipal Corporation area, thus violating the model code of conduct.
The Maharashtra Election Commission had issued a notice under the Representation of People Act 1951, stipulating that political leaders were not allowed to stay in election areas 48 hours before the elections.
Thackeray had visited the polling area and received a notice from the election commission under Section 149 of the CrPc for overstaying, thus violating the 48-hour restriction.
It was alleged that despite the notice Thackeray visited the Kalyan Dombivali polling area. This led to an FIR against Thackeray and a chargesheet filed before the Kalyan Court.
The magistrate took cognisance of the chargesheet and summoned Thackeray. Thackeray appeared before the magistrate court and was granted bail on the same day.
Subsequently, Thackeray approached the Bombay High Court seeking to quash the chargesheet filed against him.
Thackeray argued before the high court that staying in the polling area for more than 48 hours before an election should not be considered an offence unless it results in a law and order situation.
He maintained that exceeding the 48-hour limit in the polling area, at most, could be seen as a breach of the notice served to him by the election commission.
Case title: Raj Thackeray Vs State of Maharashtra
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