Note on Thackeray based on law 8212; Jethmalani

The Bombay High Court had, in its 1991 order, found Thackeray guilty of electoral malpractices which was confirmed by the Supreme Court in 1995.

In the note to Narayanan, the Law Minister said, quot;A person against whom the order has been made is at liberty not to ask for stay of operation of the order. In such an event, the order shall take effect against him the moment it is pronounced. With respect, the Election Commission has committed a grievous error in this regard,quot; the note said.

The EC recommendation pertains to electoral malpractices committed by Thackeray and Shiv Sena candidateYashwant Prabhu in the 1987 Vile Parle Assembly by-election where they made inflammatory speeches.

The HC had held them guilty of misusing religion during the campaign. While Prabhu was disqualified for six years on the basis of the High Court verdict, the Shiv Sena appealed against the High Court verdict in the Supreme Court which, in 1995, held Thackeray guilty of the offence.

Jethmalani said six years was the maximum punishment, 8220;to be effective, whether it commences from the date of the High Court judgement in 1991 or the Supreme Court judgement in 1995.quot;

Asked what the options before the Law Ministry on this issue were, Jethmalani said, quot;We have to prepare the draft of the presidential notification and I felt it was my duty to place my views before the President.quot;

quot;How the President views it is his prerogative,quot; he said, adding, quot;Unless all necessary precautions are taken before issuing the notification, the matter will unnecessarily end up in court.quot;

Meanwhile, Election Commissioner G V GKrishnamurty refused to comment on the issue.