The Election Commission of India on Sunday “censured” Maharashtra Navnirman Sena Chief Raj Thackeray for having violated the electoral model code of conduct by saying during poll speeches that only Marathi boys and girls will be given employment in the state and that “no entry” boards will be put up at the state's borders for outsiders. “The Commission hereby censures you for violating the provisions of MCC and advises you to be more circumspect in your public utterances in future,” the EC order issued late evening today stated. The word “censures” was written in capital, bold letters and was underlined. MNS secured just one of the 288 seats in the Maharashtra assembly after the poll results came in today. Today's order follows a notice issued by the EC to Thackeray for having made remarks targetting non-Maharashtrians in two public meetings—in Ghatkopar and Kalna on October 5 and October 7, respectively. In his reply to the EC, Thackeray said that the complaint against him was “not maintainable” since a “declaration of public policy, or a promise of public action, is not interference with the free exercise of electoral right as it is one of the stated objects of MNS that MNS would strive to create employment opportunities for the citizens of India who are born and brought up in Maharashtra”. The MNS chief also “reiterated the avowed policy of MNS that the citizens of India who have been born and brought up in Maharashtra and who are the sons and daughters of soil would be provided preference in job opportunities in employment in the State Government and its various Organizations and in industries that would come up in the State”. Also, stating that certain sentences in his “speech have been quoted completely out of context” and that he had “merely stated that for providing adequate security to public in Maharashtra adequate police force would be provided by recruiting the boys and girls born and domiciled in Maharashtra and by abolishing the system of having private security agencies in the state”, Thackeray pleaded that action against him should be dropped. Replying to Thackeray’s assertions, the EC has stated that “there cannot be a declaration or announcement of a public policy which is violative of fundamental rights of citizens of India as enshrined in the Constitution of India, like, right to move freely throughout the territory of India, right to reside and settle in any part of India and right of equality of opportunity for all citizens in matters relating to employment or appointment, under article 19 and 16 of the Constitution of lndia”. The EC has further told the MNS chief that his statements to the effect that “employment in any industry created in Maharashtra will be given only to Marathi boys and girls in Maharashtra. No employment will be given to the boys and girls from other states ....'No entry' boards will be put up on all the borders.They (outsiders) come to Maharashtra as private security guards with double barrel guns, where did you get it, were you a dacoit?'.are not only violative of the aforesaid fundamental rights of the citizens of India but also of Sub Para (1) of Para 1 of the Model Code of Conduct which inter alia, provides that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic”. The EC also added that Thackeray’s “reliance on Inter State Migrants Act 1979, the Private Security Agencies (Regulation) Act, 2005 and the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 is misplaced as none of these Acts prohibits the migration of citizens of India from any parts of India to Maharashtra and to seek employment there”.
