Court stays EC order against ex-Maha CM Ashok Chavan
30 July 2014 4:58 AM IST
The Delhi High Court on Monday stayed the Election Commission’s show cause notice to ex-Maharashtra chief minister Ashok Chavan asking him why he should not be disqualified for failing to give his true and correct expenses incurred in 2009 assembly polls.
The commission in its 13 July, 2014, order had given Chavan, an MP from Nanded parliamentary seat, a 20-day deadline to respond to the show cause notice which was issued after the poll panel had found him guilty of failing to ‘lodge his account of election expenses in the manner required by the (Representation of the People) Act and Rules.’
Justice Suresh Kait also issued notice to BJP leaders Mukhtar Abbas Naqvi and Kirit Somaiya and independent candidate Madhavrao Kinhalkar, who had filed the complaint against Chavan in the commission.
‘Notice to respondents (complainants). Returnable on 5 November. Till further orders, impugned order dated 13 July, 2014, shall remain stayed,’ the court said.
The court brushed aside the contention of senior advocate Jayant Bhushan, appearing for one of the complainants, that the poll panel’s order be not stayed as it would ‘frustrate’ the Supreme Court’s 5 May, 2014, order directing that the complaint regarding Chavan be decided within 45 days.
‘I will justify it,’ Justice Kait said, adding that ‘admittedly EC did not pass its order within 45 days’.
During the proceedings, senior advocate Kapil Sibal, who appeared for Chavan, contended that his client had filed all the correct poll expenses and had incurred an expenditure of Rs 6.85 lakh in the 2009 assembly elections.
The commission in its 13 July, 2014, order had given Chavan, an MP from Nanded parliamentary seat, a 20-day deadline to respond to the show cause notice which was issued after the poll panel had found him guilty of failing to ‘lodge his account of election expenses in the manner required by the (Representation of the People) Act and Rules.’
Justice Suresh Kait also issued notice to BJP leaders Mukhtar Abbas Naqvi and Kirit Somaiya and independent candidate Madhavrao Kinhalkar, who had filed the complaint against Chavan in the commission.
‘Notice to respondents (complainants). Returnable on 5 November. Till further orders, impugned order dated 13 July, 2014, shall remain stayed,’ the court said.
The court brushed aside the contention of senior advocate Jayant Bhushan, appearing for one of the complainants, that the poll panel’s order be not stayed as it would ‘frustrate’ the Supreme Court’s 5 May, 2014, order directing that the complaint regarding Chavan be decided within 45 days.
‘I will justify it,’ Justice Kait said, adding that ‘admittedly EC did not pass its order within 45 days’.
During the proceedings, senior advocate Kapil Sibal, who appeared for Chavan, contended that his client had filed all the correct poll expenses and had incurred an expenditure of Rs 6.85 lakh in the 2009 assembly elections.
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