This was stated by Sena chief's counsel Raju Ramachandran during the hearing of a reference sent to the commission to decide the quantum of punishment after the Supreme Court dismissed in 1995 a special leave petition filed by Thackeray and former Maharashtra MLA Yashwant Prabhu against a 1991 Mumbai High Court verdict.

Thackeray was not present at the hearing and was represented through his counsel.

The apex court had found them guilty of electoral malpractice under section 8-A of the Representation of People Act for having appealed to the electorate on ground of religion while campaigning for a Vile Parle assembly bye-election in 1987. Prabhu was disqualified from contesting election for six yearsfollowing the Supreme Court order.

Former Maharashtra minister and defeated Congress candidate Prabhakar Kunte had filed the election petition against Thackeray and Prabhu in the high court soon after the bye-election.

Ramachandran told Chief Election Commissioner M S Gill and Election Commissioner J M Lyngdoh that there was ``no justification'' for initiating action to disqualify Thackeray ``at this late stage''.

Besides, Ramachandran contended that no action to disqualify Thackeray was called for as the Sena chief, who has never contested polls, has declared that he would never enter any electoral fray in his life.

Though the hearing in the case concluded today, the Election Commission did not give any indication as to the time by which it would send its recommendation to the President in the matter.

Gill declined to comment on the proceedings as it was a judicial matter.

Besides Thackeray's counsel, senior Sena leader, Subhash Desai attended the hearing.

Under the Representation of PeopleAct, the commission could recommend that Thackeray be disqualified from contesting or voting in elections up to a period of six years.