New Delhi, Nov 7: Janata Party chief Subramanian Swamy today decided to move court challenging the Election Commission's decision rejecting his petition for de-recognition of Congress.
He shot off a letter to the Commission a day after it dismissed his petition for de-recongition of Congress on the ground that the party violated laws by providing a Rs 90 crore loan to Associates Journals which ran the now-defunct National Herald newspaper.
Maintaining that he was not given an opportunity to present his case from a legal point of view, he said Election Commission 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 Election Commission has in fact suffered a serious loss of credibility amongst the people. I shall now have to settle the issues in Court,” he said.
Seeking to find fault with EC's decision, he 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 and 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 and 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.
He also accused the Commission of adopting double standards, claiming that it sat on a petition seeking “de-registration” of his party following his remarks in an article in a newspaper.
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.
When he pointed out this, he alleged, the Commission “sat on his petition and did nothing whereas in my petition to regarding Congress' violation of the election law, you moved so swiftly that I wonder whether you had any time even to reflect on the precedents”.