Poll expenses: HC sets aside EC order against Ashok Chavan

In a relief to former Maharashtra Chief Minister Ashok Chavan, the Delhi High Court today set aside the Election Commission's order holding him guilty of furnishing incorrect expenses for the 2009 Assembly elections.
The court also set aside the show cause notice issued to him saying the poll panel failed to comply with the Conduct of Elections Rules, according to which a candidate is entitled to an opportunity of an explanation within 20 days on whether expenses disclosed by him are correct, prior to giving a finding.
In the instant case, however, the issuance of show cause notice was rendered only an "idle formality" and only a ritual of passing a consequential order was left over, the court observed.

"Therefore, the representation pursuant to the show cause notice would be rendered meaningless as the final conclusion is a fait accompli. Therefore, such show cause notice is meaningless," Justice Suresh Kait said in his 101-page judgement setting aside EC's order.
The complaint in the EC had alleged that Chavan had not declared expenses pertaining to some advertisements that were released in October 2009 regarding a meeting that was to be held between the members of the UPA.
Opposing the complaint by BJP leaders Mukhtar Abbas Naqvi and Kirit Somaiya as well as Independent candidate Madhavrao Kinhalkar, Chavan had contended that he did not know who had issued the advertisements.

Upholding his argument, the high court said that he had "duly accounted" for expenditure on advertisements that were in his knowledge and if publishers of the ads in question did not bring it to his notice then "he could not be expected or required to account for those expenditure".
The court also observed that "even if the entire amount against all the disputed advertisements is included in the election expenses of the petitioner, it does not exceed the ceiling limit of Rs 10,00,000.