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SC cracks the whip on paid news

Paves way for EC to investigate candidates' poll expense accounts and take action, including disqualification

Sahil Makkar New Delhi
The Supreme Court on Monday ruled the Election Commission had the power to investigate candidates' poll expense accounts and could take action, including disqualification, under The Representation of the People Act if it found inconsistencies. The immediate impact of the judgment will be felt after the commission completes its inquiry against the former chief ministers of Maharashtra and Jharkhand, Ashok Chavan and Madhu Koda, respectively.

Chavan is accused of running paid news in newspapers during the 2009 Maharashtra Assembly elections and not showing its cost in his election expense account. If the Election Commission finds evidence against him, Chavan might have to give up his Bhokar Assembly seat in the Nanded district of Maharashtra. Senior officials said he could be disqualified from representing the Nanded parliamentary constituency, too, if declared winner on May 16.
 
Koda, who is facing trial for money laundering, is the MP from the Singhbum constituency in Jharkhand. He is being investigated for not submitting his poll expense details to the commission. The judgment is unlikely to affect him as is he not seeking re-election and the present Lok Sabha's term is expiring on May 16.

The Supreme Court has directed the Election Commission to hold daily hearings and complete the process within 45 days. The court was hearing Chavan's petition, where he challenged the Delhi High Court judgment empowering the poll panel to investigate the case of paid news against him.

Chavan contested the Election Commission did not have the power to investigate him and it was the sole prerogative of the Delhi High Court. His argument was based on Section 10 A of The Representation of the People Act, which gives power to the Election Commission to disqualify but not to investigate. The section is silent on paid news.

The Act only stipulates that the Election Commission can disqualify a candidate for having failed to lodge an account of election expenses within time without good reason. The Supreme Court, however, on Monday clarified that the Election Commission had the jurisdiction and could investigate matters pertaining to account correctness.

"Paid news is just one part of showing incorrect expense details. A candidate may fudge figures for other things. These, too, could lead to disqualification," said a senior Election Commission official. This would not apply to cases that have been disposed of, he added.

Chavan said he would comply with the Supreme Court judgment. "We will present our case before the Election Commission," he said.

As of now, there is no law to deal with paid news. The poll panel has until now added the paid news expense to the respective candidates' declarations.

PAID NEWS CASES DISPOSED OF SO FAR
2013 Assembly elections

165 in Madhya Pradesh
93 in Karnataka
81 in Rajasthan
54 in Delhi
32 in Chhattisgarh
No cases of paid news were detected in the Northeast

Source: Election Commission

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First Published: May 06 2014 | 12:30 AM IST

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