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‘EC double standards’, Swamy to move court to settle score
A day after the Election Commission rejected his petition for de-recognition of Congress for “illegally” providing a Rs90-crore loan to Associated Journals, Janata Party president Subramanian Swamy on Wednesday accused it of “double standards” and said he would now settle the issue in court, as the election watchdog had “failed to deliver justice” and in the process suffered a serious loss of credibility”.
In a strongly-worded letter to the EC, Swamy maintained that he was not given an opportunity to present his case from a legal point of view. He said the EC must realise that it has not only to dispense justice as a Tribunal but they must be seen to have dispensed justice.
“In my petition that was before you regarding which you have washed off your hands of conducting an inquiry, and through the motivated leaks to the newspapers in advance of the view you took on my petition the EC has in fact suffered a serious loss of credibility amongst the people. I shall now have to settle the issues in court,” he said.
Alleging bias, Swamy said the Commission has “essentially washed off” its hands by stating that it has no power to de-recognize a political party for violating Section 29A-C of the Representation of the People Act, 1951. He said there was a need for hearings before taking a final call.
“These sub-sections specify what a party can do and therefore by harmonious construction with the General Clauses Act it should be taken to mean that omission of any activity from those approved under these sub-Sections is prohibited. Hence this is an arguable point of law on which you ought to have conducted hearings and heard both sides,” he said.
Swamy alleged that when AICC starts giving loans that ends up in buying real estate, public interests are to be safeguarded. “It is truly the question of interpretation as to the scope and your responsibility under the Model Code of Conduct,” he said.
Accusing the Commission of adopting double standards, he claimed it sat on a petition seeking “de-registration” of his party following his remarks in an article in a newspaper but took just two days to decide on his petition demanding de-recognition of Congress party.
Swamy said the EC sent the petition to him for comments despite the fact that Supreme Court had earlier held that it had no power to re-register any party.
A day after the Election Commission rejected his petition for de-recognition of Congress for “illegally” providing a Rs90-crore loan to Associated Journals, Janata Party president Subramanian Swamy on Wednesday accused it of “double standards” and said he would now settle the issue in court, as the election watchdog had “failed to deliver justice” and in the process suffered a serious loss of credibility”.
In a strongly-worded letter to the EC, Swamy maintained that he was not given an opportunity to present his case from a legal point of view. He said the EC must realise that it has not only to dispense justice as a Tribunal but they must be seen to have dispensed justice.
“In my petition that was before you regarding which you have washed off your hands of conducting an inquiry, and through the motivated leaks to the newspapers in advance of the view you took on my petition the EC has in fact suffered a serious loss of credibility amongst the people. I shall now have to settle the issues in court,” he said.
Alleging bias, Swamy said the Commission has “essentially washed off” its hands by stating that it has no power to de-recognize a political party for violating Section 29A-C of the Representation of the People Act, 1951. He said there was a need for hearings before taking a final call.
“These sub-sections specify what a party can do and therefore by harmonious construction with the General Clauses Act it should be taken to mean that omission of any activity from those approved under these sub-Sections is prohibited. Hence this is an arguable point of law on which you ought to have conducted hearings and heard both sides,” he said.
Swamy alleged that when AICC starts giving loans that ends up in buying real estate, public interests are to be safeguarded. “It is truly the question of interpretation as to the scope and your responsibility under the Model Code of Conduct,” he said.
Accusing the Commission of adopting double standards, he claimed it sat on a petition seeking “de-registration” of his party following his remarks in an article in a newspaper but took just two days to decide on his petition demanding de-recognition of Congress party.
Swamy said the EC sent the petition to him for comments despite the fact that Supreme Court had earlier held that it had no power to re-register any party.
