Koda challeges EC notice in High Court
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Last Updated: Friday, July 08, 2011, 00:05
  
New Delhi: Former Jharkhand Chief Minister Madhu Koda on Thursday approached the Delhi High Court against the Election Commission's show-cause notice threatening him with disqualification for allegedly not filing detailed accounts about his poll expenses during the 2009 general elections.

Koda, the MP from Singhbhum, sought quashing of the EC's notice and a stay on the Commission's proceedings against him.

Filing a petition before a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna, the independent MP, said, "EC has no power to conduct a roving enquiry."

The bench fixed the matter for July 14.

Koda, who has been in jail since his arrest in November 2009 for allegedly laundering Rs 4,000 crore as the chief minister of Jharkhand during the period 2006-2008, said that the Commission has issued notice to him on the basis of IT returns filed by him in 2009.

"The Election Commission has also no power to look into the incorrectness or falsity of the returns of election expenses and the same can be looked into only by the High Court in an election petition," he contended "Removal of an elected member can be done by the High Court only and not by the election commission," he said.

According to the petition, Koda was elected as independent MP in 2009 and in October 2010 the Election Commission had issued notice to him asking him as to why he should not be disqualified on the ground that he had shown the election expenses much less than the actual amount of Rs 18,92,353.

As many as four government agencies the Enforcement Directorate (ED), Department of Income Tax (IT), Central Bureau of Investigation (CBI) and Jharkhand Vigilance Department have been probing the graft and money laundering charges against him.

PTI


First Published: Friday, July 08, 2011, 00:05


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