"Having regard to the facts and circumstances of the present case, the inquiry has to proceed further to give all reasonable opportunities to the parties concerned to prove or disprove their respective claims and cases," the Commission said in its June 5 order.
The Commission comprising former Chief Election Commissioner S Y Quraishi and Election Commissioners V S Sampath (now CEC) and H S Brahma, while delivering its verdict on June 5, directed "the inquiry will proceed, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908, to the trial of suits and under the provisions of Evidence Act, 1872, will, as nearly as may be, apply in all respects to the present inquiry."
The Commission also rejected the demand for equating the paid news case against Ashok Chavan with that of Umlesh Yadav - the lone case of paid news where the legislator was disqualified by the poll body.
"The facts of the two cases are entirely different and the procedure adopted by the Commission in the case of Yadav cannot be followed in the present case of the respondent," the EC said in its order.
The Commission further held that in the present case, the allegations made by the complainants with regard to publication of "paid news" by the respondent are denied not merely by the respondent (Chavan) but also by the newspapers.
