The Commission, in its order, rejected Thackeray's stand that he had merely stated the policy of his party that it would strive to provide job opportunities to people born in the state.
"There cannot be a declaration or announcement of a public policy which is violative of fundamental rights of citizens of India as enshrined in the Constitution of India, like, right to move freely throughout the territory of India, right to reside and settle in any part of India and right of equality of opportunity for all citizens in matters relating to employment or appointment, under Article 19 and 16 of the Constitution of India," it said.
The Commission said the MNS chief's reliance on Inter State Migrants Act, 1979, Private Security Agencies (Regulation) Act, 2005 and Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 is "misplaced" as none of the laws prohibits the migration of citizens of India from any part the country to Maharashtra and to seek employment there.
The EC had issued him a notice for prima facie violating the Model Code of Conduct. While Thackeray wanted 30 days to respond to the show cause, the poll watchdog had given him two days more to file his reply.
"From the day, you give this state in my hands, from that day the employment in any industry created in Maharashtra will be given only to Marathi boys and girls in Maharashtra.
"No employment will be given to the boys and girls from other states. Their entry will also be stopped. Their inquiry will be started from the train itself....," the EC notice had said, reproducing in English the remarks made by him in Marathi at an election meeting in Ghatkopar Assembly constituency on October 5.
The EC notice had pointed out that Raj Thackeray also said that if people coming from outside have no arrangement to live, no arrangement for work, "then get out. Don't come to my state. Maharashtra has not taken contract to fend for people from other states. Only our boys and girls should get jobs here..."