In a relief to Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, the Bombay high court (HC) on Monday stayed proceedings initiated against him in a court in Kalyan for allegedly not complying with a police notice during the October 2010 municipal polls there.
A division bench of justice RV More and justice Anuja Prabhudesai was hearing a petition filed by Raj seeking to quash the proceedings.
An offence under section 188 of IPC was lodged against Raj for alleged disobedience of a notice issued to him prior to 2010 Kalyan Dombivili Municipal Council elections prohibiting him from staying in KDMC jurisdiction two days before the elections.
"The Election Commission of Maharashtra had issued a circular in February 2010 saying certain political party leaders should not be allowed to remain in KDMC jurisdiction 48 hours before the elections," Raj's lawyer Rajendra Shirodkar said.
The elections were scheduled on October 3, 2010 and on October 27 a notice was issued to Raj prohibiting him from staying in KDMC jurisdiction.
"The notice was served to Raj only on October 29. The allegation is that Raj overstayed and left KDMC on October 30. Hence offence under section 188 for disobedience was lodged," Shirodkar argued.
The bench admitted the petition and stayed proceedings in Kalyan court.
"Prima facie, there are no allegations made out against the petitioner under the second part of section 188 (which says the disobedience of the prohibitory order caused nuisance)," the court said.