Matter before the Delhi High Court on disqualification of Maharashtra CM Mr Ashok Shankarao Chavan on the alleged paid news case; Ashok Shankarao Chavan vs. Madhao Rao Kindhalkar and others


The Supreme court had passed a judgment dated 05-05-2014  holding that ECI has power to disqualify a candidate in relation to filing of false election expenditure statement under Section 10A. ADR had also intervened in the case.  Afterwards, the Apex court had ordered ECI to conduct an enquiry under Rule 89(4) of Conduct of Election Rules and decide the matter within 45 days. Consequently, ECI had passed an order on 13th July, 2014 and also issued a show cause notice to Mr. Chavan. As a result, Ashok Chavan filed an appeal in Delhi High court on 25th July 2014 against the show cause notice  issued to him by ECI. Based on the appeal, Delhi High court had imposed a stay order on ECI's said order on 28th July 2014. That stay order was then challenged in Supreme Court.  The Supreme Court did not entertain the plea stating that the question of law involved in the current appeal was not dealt by the Supreme Court in the previous matter and it  ordered Delhi High court to dispose off the matter within 15 days. 

Hearings were conducted in Delhi High court from 25- 27 August before a Single Judge Bench - Justice Suresh Kait, Court No. 12. 

  • Advocate from respondent's side (Madhaorao Kinhalkar)- Jayant Bhushan 
  • Advocate from petitioner's side (Ashok Chavan)- Rajiv Nayar
Question of Law

  1. Whether a Rule can over-ride a Section. Rule 89 of Conduct of Election Rules vs. Section 10A of the RPA.
  2. Whether authorisation  by a candidate in cases of election expenditure expressed or implied.
  3. Whether agreeing to a second chance for filing election expenditure is contrary to the provisions of Section 10A of RPA. 
  4. Whether the issue of cross- examination of witnesses by ECI arises in the issue in question.
Step-wise development in Ashok Chavan's paid news case

  • Supreme Judgment date admitting disqualification powers of ECI under Section 10A : 05/05/2014
  • ECI's order date after Supreme Court's direction to complete the enquiry within 45 days: 13/07/2014
  • Ashok Chavan appeal to Delhi High Court against ECI's order- 25/07/2014
  • Delhi High Court Single Bench stay order date: 28/07/2014
  • Supreme Court direction against Delhi High Court's Stay order: 13/08/2014
  • Delhi High court reserves judgment on 27-08-2014
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