The Election Commission has disqualified Narottam Mishra, Cabinet Minister in the Madhya Pradesh Government and barred him from contesting elections for three years for allegedly being involved in paid news during the 2008 Assembly elections.
Mishra is currently holding the charge of water resources, Public Relations and Parliamentary Affairs departments in Shivraj Singh Chouhan Government.
After his disqualification order by the Election Commission, Mishra would have to be resigned from the Cabinet and he can not contest the Assembly polls next year.
In its 69 pages of judgement, the three member Bench headed by Chief Election Commissioner Nasim Zaidi and Election Commissioners OP Rawat and AK Joti has said: "The Commission is of the considered view and holds that the respondent Narottam Mishra should be disqualified under section 10 A of the Representative of People's Act 1951. Accordingly, the Election Commission hereby declares that Narottam Mishra stands disqualified for three years from the date of this order for failure to lodge his account of election expenses in the manner required by the law and for having no good reason or justification for such failure".
"The Respondent's reported account , breaches the permissible limit or not, the fact remains that the Respondent has not only knowingly submitted a false account of expenses but also attempted to circumvent the legally prescribed limit on expenditure. Such attempt need to be curbed with strong measures and visited with exemplary sanctions and restore the balance in the electoral playing field," the order said.
The Commission further said that both the parties had ample opportunities to respond to the written synopses submitted which were filed before the last hearing on March 17, 2017 when the order was reserved.
"Further the Commission had specifically asked the parties whether the arguments from both parties could be taken as finally concluded on which counsels for both the parties stated that they had nothig more to submit either in writing or orally", it said.
The Election Commission order came on a petition filed by Datia's former Congress MlA Rajendra Bharti in April 2009. Bharti has alleged that Mishra had not included expenses incurred by him on 'paid news' while filing his expenditure statement before EC after 2008 polls.
Following the complaint, the Commission had registered a case against Mishra under section 10 A of the RP Act 1951 and summoned him several times.
The ECI had earlier issued a notice in January 2013 seeking his response.
Mishra then challenged the notice in the high court bench at Gwalior questioning the Election Commission's competence to inquire into a case of "paid news" against him dating back to 2008. The high court had dismissed his petition.
After that Mishra approached the Supreme Court to stop the Election Commission proceedings but the top court did not grant him any relief.
last year, the Commission had questioned Mishra in Delhi about the allegations.
The Commission has the power to disqualify a candidate if he fails to submit the account of expenses within time. In this case, the money spent on paid news wasn't shown in the account. The Section 10 A of the RP Act 1951 empowers the Election Commission to disqualify a candidate if he fails to submit account of his poll expenses in time and in the manner required by the Act.
The Election Commission decision has mounted the trouble for the Shivraj Singh Chouhan government as they are already facing severe criticism over farmers' protest.