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Won’t defend order against Chavan: EC to High Court

Senior advocate Kapil Sibal appeared for Chavan and argued that the ex-CM did not know who had issued the advertisements.

The Election Commission has informed the Delhi HC that being a quasi-judicial body, it will not defend its order holding ex-Maharashtra CM Ashok Chavan guilty of failing to give his correct expenses in the 2009 Assembly polls.

Chavan, an MP from Nanded, was given a 20-day deadline on July 13 to respond to a show cause notice of the poll panel which has held that he had “failed to lodge his account of election expenses in the manner required by the (Representation of the People) Act and rules.”

During brief arguments before the court of Justice Suresh Kait, the EC stated that in a precedent, the HC held that quasi-judicial bodies, like the poll panel, should not be made a party in cases where decisions of such entities are challenged.

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Chavan had earlier this week moved the court against the EC’s July 13 order, alleging that the panel had not followed the procedure laid out in the Representation of the People Act prior to giving its findings. He has also said that the expenses that he had allegedly not declared pertained to some advertisements that were released in October 2009 regarding a meeting that was to be held between the members of United Progressive Alliance (UPA).

Senior advocate Kapil Sibal appeared for Chavan and 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.

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During the brief hearing, Sibal also argued that even the publishers of the advertisements had stated on affidavit before EC that Chavan had no knowledge about it.

First uploaded on: 26-07-2014 at 00:59 IST
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