The Bombay High Court on Monday stayed proceedings in a district court against Maharashtra Navnirman Sena (MNS) president Raj Thackeray in a case of violation of the model code of conduct in 2010.
Mr. Thackeray has filed a petition in the High Court, seeking quashing of the charge sheet against him at a court in Kalyan.
An FIR was registered against him in 2010 under Section 188 of the Indian Penal Code (disobedience to order duly promulgated by public servant) for violating the model code of conduct after he overstayed in the Kalyan-Dombivali Municipal Corporation (KDMC) limit at the time of the corporation elections there.
A Division Bench of Justices Ranjit More and Anuja Prabhudessai stayed the proceedings on the ground that there were no allegations against him where the second part of Section 188 which pertains to any obstruction, injury, annoyance and danger to human life arising out of disobedience.
“The court has admitted our petition. All our points [for quashing of charge sheet] will be subsequently heard,” Mr. Thackeray’s lawyer Rajendra Shirodkar told The Hindu .
Mr. Shirodkar told the court that elections to KDMC were held on October 31, 2010. As per a circular issued by the Maharashtra government, political leaders were directed to stay away from the municipal limits after October 29.
However, the charge against Mr. Thackeray was that he overstayed and left on October 30, resulting in the FIR.