Gave correct poll expenses in 2009: Ex-Maharashtra CM tells High Court

New Delhi: Former Maharashtra Chief Minister Ashok Chavan on Monday told the Delhi High Court that he had filed all correct poll expenses relating to 2009 assembly elections. Senior advocate Kapil Sibal and Rajiv Nayar, who appeared for Chavan, contended before the court that that his client had filed all the correct poll expenses and had incurred an expenditure of Rs 6.85 lakh in the 2009 assembly elections.

Sibal further argued that the ex-CM did not know who had issued the advertisements. Chavan had won the 2009 assembly election from Bhokar in Maharashtra's Nanded Lok Sabha constituency. He won the recent Lok Sabha polls from Nanded.

During the hearing, Nayar said even the publishers of the advertisements had stated on affidavit before EC that Chavan had no knowledge about it.

It was also contended "despite all this, EC issued the show cause notice and also gave its findings."

He said the Maharashtra Pradesh Congress Committee (MPCC)'s the then General Secretary had in his affidavit clearly stated that it was individually done by him and no one has instructed him to make some advertisement.

"It was not done on my instruction. I along with Congress President Sonia Gandhi, besides seven others were projected as the star campaigner for the 2009 assembly election. "MPCC's the then General Secretary had also said that his tenure as MLC was expiring so he issued those advertisement to promote himself," the counsel argued, adding the MPCC officer bearer had done on his personal capacity.

The Election Commission had in its July 13, 2014 order 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." But the High Court had on July 28 stayed the Commission's show cause notice to Chavan.

While staying the EC order, the court had also issued a 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 Supreme Court had asked the high court to decide Chavan's plea within 15 days while refusing to interfere with its July 28 decision staying the the show cause notice issued to Chavan on July 13. In its show cause notice, the poll panel had asked Chavan why he should not be disqualified for failing to give his true and correct expenses incurred in last assembly polls. The apex court had said it was not in favour of the matter dragging and wanted that the high court should decide the question of law.

Kinhalkar, who had filed the complaint against Chavan in the Commission, had submitted before the apex court that "prima facie the high court has not given reasons for staying the EC order".

Chavan had pleaded that the July 13 order of EC be set aside to the extent that it holds that he had failed to lodge the poll expense account in the time and manner required under the law. He also sought quashing of the show cause notice.

The former chief minister had also contended that EC has not followed the procedure laid out in the Representation of the People Act prior to give its findings as no opportunity to file revised poll expenses was provided to him.

On July 25, EC had told the high court that being a quasi-judicial body, it would not defend its order passed against Chavan. Pursuant to this submission, the court had deleted the poll panel from the list of parties in the case.