Setting a 20-day deadline to respond to the notice, the commission said he has "failed to lodge his account of election expenses in the manner required by the Representation of the People Act and rules."
The EC, on the directions of the Supreme Court, had issued a notice to Chavan in May last to appear before it in connection with the case of alleged expenses made by him during the 2009 Maharashtra assembly polls which were categorized as "paid news".
If Chavan is disqualified by the EC, it may have an impact on his Lok Sabha membership also though the issue relates to his contesting the assembly polls.
The EC order said a candidate who is declared disqualified by the commission under Section 10 of the RP Act "incurs disqualification for contesting further elections to any House of Parliament or state legislature for a period of three years, "and also for continuing as member of any such House if he is already a sitting member from the date of the order of the Election Commission and not from the date on which he contested the election or was elected at such election."
Ashok Chavan. (TOI file photo by Ashish Raje)
"Therefore, the resignation of the respondent from the membership of the Maharashtra legislative assembly on 22nd May, 2014, has no effect or impact on the continuance of the present proceedings before the commission and the proceedings shall continue unabated until logical conclusion thereof," paragraph 70 of the EC order said.
The full bench of the EC comprising chief election commissioner (CEC) VS Sampath and election commissioners HS Brahma and SNA Zaidi issued the 104-page order. It had reserved its decision on the issue on June 19.
When contacted, Chavan said he will respond to the notice after examining it.
Issue of paid news is ruled out, Chavan says
However, Chavan said the show-cause notice issued to him by the Election Commission has vindicated his and Congress's stand and "there is no question of paid news."
"Our stand on the paid news issue has been confirmed by the Election Commission. Even the high court and Supreme Court had taken a similar stand when our opponents had filed a petition. The courts had rejected their petition. Now this (EC) order is also very clear. There is no question of paid news," Chavan told PTI over phone.
Chief election commissioner VS Sampath. (TOI file photo)
When asked to comment on the EC order which says that Chavan has failed to file his election expenses in the requisite manner, Chavan said, "There is a provision under which a notice can be served to us. We will reply to that. I have not seen the order in detail yet. But (the issue of) paid news is ruled out totally."
Confirming the receipt of the notice, Chavan said that he himself had pleaded with the EC to give him an opportunity to explain his stand on the issue and on the allegations that he failed to file electoral expenses as required by law, which he will do so now.
"But I am happy that our stand has been accepted by the election commission," he said.
The case related to the election to the Maharashtra legislative assembly held in September-October, 2009 wherein Chavan was the candidate from Bhokar seat.
The complainants, namely, Madhavrao Kinhalkar, one of the rival contestants, BJP vice-president Kirit Somaiya and four others, and Mukhtar Abbas Naqvi, BJP MP and and five others, had alleged in their submission made before the Election Commission that Chavan got several advertisements published in various regional newspapers during the poll campaign.
The complainants had alleged that the advertisements which appeared in newspapers in the garb of news eulogizing Chavan and his achievements as chief minister, were "paid news".
It was alleged by them that a huge expenditure was incurred or authorized by Chavan for getting those advertisements and the articles published as news, and that the expenditure incurred or authorized on the publication of those paid news was not included by Chavan in his account of election expenses maintained under section 77 of the Representation of the People Act, 1951.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Paid news,Election Commission,EC Show-Cause Notice to Ashok Chavan,Ashok Chavan
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