In first of its kind order with far reaching implications, the Election Commission has asked senior Congress leader and former Maharashtra Chief Minister Ashok Shankarrao Chavan to respond as to why he should not be disqualified under section 10A of Representation of People Act, 1951.

In its order approved on Sunday, on the case pertaining to 'paid news’, the Commission has given the Lok Sabha MP 20 days time to respond as to why he should not be stripped of membership of the house and disqualified to contest an election for a period of three years.

The Commission order pertains to complaints by one of the contestants against him in the 2009 September/October Maharashtra Assembly election and several others. The chief allegation against him was that he got several advertisements published in news media which amounted to `paid news’ but did not include the huge expenditure incurred on them in his election expenses statement.

Refusing to accept the explanation given by Mr. Chavan that he had no 'knowledge' of the advertisements, the EC made a determination that the respondent has failed to lodge his account of election expenses in the manner required by the Act and Rules.

“The Commission hereby has decided that the respondent has failed to lodge his account of election expenses in the manner required by the Act and rules. The Commission directs the respondent to show cause in terms of Rule 89(5) of the 1961-Rules why he should not be disqualified under section 10A of the 1951-Act”.

Section of 10A RPA on `Disqualification for failure to lodge account of election expenses’ says, “If the Election Commission is satisfied that a person—a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.

Under Rule 89 (5) Conduct of Elections Rules, 1961(Statutory Rules and Order) the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and shall call upon the candidate to show cause why he should not be disqualified under section 10A for the failure.

The EC has proceeded against Mr. Chavan on ground of non-submission of election expenses within time frame as `paid news’ is not an offense under the RPA. A proposal by the Commission to amend the RPA, 1951 making `paid news’ as an offense is pending with the government.

The EC proposal had sought to provide that publishing and abetting the publishing of `Paid News’ for furthering the prospect of election of any candidate or for prejudicially affecting the prospect of election of any candidate be made an electoral offence with punishment of a minimum of two years imprisonment.

The Commission has strongly indicted a section of the media for its promoting the Congress Party’s prospects in the 2009 general elections to the Maharashtra Assembly. It said the news articles cannot be treated as general news in normal course as these are quite clearly received from political parties and reproduced by all such newspapers so as to pass as general news.

“Further, the Commission is concerned to note that the newspapers Lokmat and Pudhari have admitted to be sympathisers of the Congress Party”, it said.