The EC had held a full-bench hearing on the Thackeray case in August 1998 and within days, sent its confidential recommendation to Rashtrapati Bhawan. Official sources say the commission's recommendation to the President is binding and that the Law Ministry's role at this stage is limited to issuing the notification to be published in the official Maharashtra gazette.

Jethmalani, however, sent a strongly-worded opinion to Rashtrapati Bhawan last week in which he has asked the EC to, ``reconsider its opinion'' on the question ofdisqualification and defranchising. Jethmalani's order states that the period of six-year disqualification for the Shiv Sena chief ``has to'' commence from April 7, 1989, and not December 1995.

The Law Minister's note states: ``A person against whom the order has been made is at liberty not to ask for stay of operation in which event, the order shall take effect against him the moment it is pronounced. With respect, the Hon'ble Election Commission has committed a grievous error in this regard.''

On the quantum of punishment, the Law Minister has opined: ``Six years is the maximum punishment. It is contrary to settled principals to inflict the maximum for the first offence. Even if six years are computed from 1995, the disqualification will end next year. I wonder if the Election Commission has applied its mind to this aspect.''

The Law Minister's dissent note comes after a long-winding judicial procedure was set into motion after the 1987 Vile Parle Assembly by-election. The defeated Congress candidate,Prabhakar Kunte, had filed a

The defeated Congress candidate, Prabhakar Kunte, had filed a petition in the Bombay High Court against Thackeray and the Shiv Sena candidate, Yashwant Prabhu, for allegedly making inflammatory speeches and creating communal discord.

The High Court had delivered its judgement in 1991, holding the two leaders guilty of misusing religion during the campaign.