Monday, Sep 22, 2014

Ashok Chavan: SC refuses to interfere with HC stay on EC notice

The commission had given Chavan a 20-day deadline to respond to the show cause notice which was issued after the poll panel had found him guilty. The commission had given Chavan a 20-day deadline to respond to the show cause notice which was issued after the poll panel had found him guilty.
Press Trust of India | New Delhi | Posted: August 13, 2014 6:07 pm

The Supreme Court on wednesday refused to interfere with the Delhi High Court order staying the Election Commission’s show cause notice to ex-Maharashtra Chief Minister Ashok Chavan seeking explanation for allegedly not giving correct expenses incurred in 2009 Assembly polls.

The apex court, however, asked the High Court to dispose of expeditiously within 15 days, the petition filed by Chavan challenging the EC order asking him why he should not be disqualified for failing to give his true and correct expenses incurred in last Assembly polls.

A Bench comprising justices F M I Kalifulla and Shiva Kirti Singh said since the High Court is examining the matter “we will ask the HC to dispose off the petition in 15 days”

The court said it was not in favour of the matter dragging and  wanted that High Court should decide the question of law.

Madhavrao Kinhalkar, who had filed the complaint against Chavan in the commission, submitted that “Prima facie the High Court has not given reasons for staying the EC order”.

His counsel Jayant Bhushan submitted that it was not appropriate on the part of the High Court to entertain
Chavan’s petition as the apex court had granted 45 days to the EC to examine the issues.

Senior advocates Kapil Sibal, Mohan Parasaran and Salman KHurshid appeared for Chavan to oppose the appeal seeking vacation the High Court order.

The commission in its July 13, 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.”

The High Court had also issued notice to BJP leaders Mukhtar Abbas Naqvi and Kirit Somaiya along with independent candidate Madhavrao Kinhalkar, who had filed the complaint against Chavan in the commission.

The High Court had posted the matter for hearing on November 5 with a direction that “impugned order of EC dated July 13, 2014, shall remain stayed.”

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