The Supreme Court on Monday set a 45-day deadline for the Election Commission to decide against former Maharashtra Chief Minister Ashok Chavan accused of not giving correct account of expenses that he allegedly incurred on “paid news”.
The judgement has hit Chavan at a crucial stage as he is contesting for lok Sabha polls from Nanded in Maharashtra. In the event he wins, and is found guilty by the Commission for not giving a true account of expenses, he could be barred from contesting elections for the next three years under the Representation of the People Act. The order has also strengthened the arms of the EC to act against the menace of paid news as the Court held that EC had jurisdiction to question candidates' expenses on paid news.
The bench of Justices SS Nijjar and FM Ibrahim Kalifulla dismissed the plea of Chavan challenging the jurisdiction of the Commission to question the correctness of the return on expenses filed by him following his election to the Maharashtra legislative Assembly from Bhokar seat in 2009 election .
Chavan had approached the Delhi HC questioning the validity of the EC order following a probe launched by it on complaints filed by BJP leaders Mukhtar Abbas Naqvi and Kirit Somaiyya. The Commission maintained that it had jurisdiction under Section 10A of the Representation of the People Act, 1951 to examine alleged “incorrectness” or “falsity” of the return of election expenses maintained by the candidate in election.
Chavan argued that the Commission at best could only make an enquiry with regard to the filing of the accounts, as contemplated under the Act. Even while doing so, it has to be guided by the rules which are prescribed under the Act, he submitted. Besides, it was Chavan's contention that the law permits High Court to set aside the election and if the said jurisdiction was conferred on the Election Commission to test the truth and falsity of the expenses, there will be a dual adjudicatory process.