The Bombay High Court will hear on August 21 a petition filed by Maharashtra Navnirman Sena (MNS) chief Raj Thackeray seeking to quash a case against him in a trial court wherein he is facing the charge of overstaying in the Kalyan-Dombivali municipal corporation area ahead of civic election held on October 31, 2010.
A bench of Justices V M Kanade and P D Kode observed that this matter should be heard at length and accordingly adjourned the hearing till August 21.
According to Thackeray's lawyer Sayaji Nangre, the Maharashtra Election Commission had issued a notice in October 2010 under the Representation of People's Act thereby restricting the stay of political leaders in the area of municipal elections 48 hours prior to the polls.
The MNS Chief had gone for electioneering to the Kalyan-Dombivali municipal corporation area where polls were slated to he held on October 31, 2010.
The Deputy Commissioner of Police had also served him a notice under section 149 of Cr.Pc informing him that he was a political leader and after October 29 could not stay in that area. However, Thackeray stayed there until October 30 afternoon and left thereafter.
Police filed chargesheet in a Kalyan court charging the MNS chief with committing an offence for overstaying in the area during the civic elections, following which he moved the high court challenging the proceedings in the trial court.
Thackeray's lawyer pleaded that only a notice had been served on his client by the authorities. "In order to constitute an offence, an order should have been issued and a mere notice would not suffice," he argued.
"Staying in the area 48 hours prior to the elections by itself was not an offence. It can be disobedience of the notice but that does not constitute an offence unless there is a riot or break down of law and order situation," pleaded Nangre.
Arguments by petitioner would continue on August 21. The State has not yet argued.
