Pre-poll shock for Sena — Thackeray can’t vote

However, with the gazette notification issued now, it has taken 12 years for the wheels of justice to catch up with Thackeray for an inflammatory speech he made during the by-elections for an Assembly seat in Maharashtra in 1987.

The notification under the Representation of the People’s Act, 1951, debars Thackeray from contesting elections and exercising his vote.

The disqualification for a period of six years effective from December 11, 1995 means that three and a half years of the disqualification term is already over.

The notification issued on July 17refers to the recommendation made by the Election Commission that Thackeray should be disqualified for having indulged in corrupt practices under the provisions of the RP Act for a period of six years from the date of the Supreme Court’s order of December 1995.

The case relates back to the election campaign of Shiv Sena candidate Ramesh Yashwant Prabhu in the Vile Parle constituency in December 1987. After Prabhu won the election, his rival Congress candidate Prabhakar Kunte filed a case charging corrupt practices by Prabhu and Thackeray on the grounds of misusing religion during campaign speeches.

The Bombay High Court set aside Prabhu’s election in April 1989, and held Thackeray guilty of inciting hatred among different communities. Later, the Supreme Court in December 1995 dismissed an appeal filed by Thackeray against the Mumbai High Court order.

Since then the State Government had been dragging its feet on the case and it was only in November 1997 that the Secretary of the Maharashtra Assemblyreferred the matter to the President. Being a sensitive case, Rashtrapati Bhavan and the EC were at pains to point out that they had acted expeditiously in the matter. The EC held a judicial hearing, attended by Thackeray’s counsel, and sent its final recommendation to the President in September 1998.

The reactions from the political parties to the action against Thackeray was predictable. Some sections of the Shiv Sena made light of the ruling saying Thackeray had already announced his decision not to contest the polls, and so debarring him from contesting was inconsequential. Other party members felt the decision questioned the very concept of Hinduism.

Even though Thackeray has repeatedly maintained that he will no longer be contesting any polls, for the BJP-Shiv Sena combine in Maharashtra the disenfranchisement comes at a time when their political fortunes are at a low ebb.

Meanwhile in Mumbai, police stations have been alerted wake of the adverse notification against the Sena chief, joint CP (lawand order) U D Joshi said today. However, Joshi said `’we are adopting a wait and watch attitude”.