EC throws out Swamy’s plea to derecognise Congress

06 Nov 2012

1

Janata Party president Subramanian Swamy today said he would move the courts to get the Congress party derecognised, after the Election Commission threw out his plea in this regard.
 
Swamy had moved the EC to derecognise the Congress as a party for extending a Rs90-crore loan to Associated Journals Ltd, publisher of the now defunct National Herald.

"Your letters dated November 3 and November 5 are not maintainable," the EC said in a letter to Swamy. "If the party (Congress) has not complied with any of the provisions of the Income Tax Act as alleged by you, that matter does not fall within the jurisdiction of the commission."
 
The EC further said, "The commission takes serious exception to Swamy's allegations questioning the impartiality of the commission, which the Commission rejects as completely baseless."

In his petition, Swamy had contended that Congress should be deregistered after it virtually confirmed reports that it had loaned Rs90 crore to the National Herald. In its four-page reply, the EC stated that it could act only if there was any violation of the model code of conduct. It said Swamy had failed to show just how the code was violated by the Congress.

"The commission does not have anything to do with newspaper reports referred by you," the EC told Swamy.

Responding, Swamy said that he was expecting rejection of his plea. "This was a procedure to go through before approaching the court," he said.

"He virtually accused the EC of being partial to the ruling party. ''The commission should have at least held a hearing, which they didn't do. This is a very pliant institution and is undermined by the Congress," he said.

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