He shot off a letter to the Commission a day after it dismissed his petition for de-recognition 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".
amazing justification you! its like an employee using office funds for his personal home provisions. it is unacceptable ! no point in glorifying the work of EC . facts matter than the empty glorification of an office.EC isnt god . even they are black sheeps in EC.
I don't know what is more absurd - a person like Subramanian Swamy, who has no credibility and has a political career marred with inconsistencies, alleging that a body like ECI doesn't have credibility. Perhaps it is a symbol of the times that we live in, that rabble rousers like Swamy are middle class icons. The basic premise of his petition is laughable - that since the sub-sections specify what a registered party can do, everything else is unlawful and warrants de-registration. Its like saying that if an employee performs anything in deviation from his stated job responsibility, he is liable to be fired. It is absurd, to say the least. I'm amused, and slightly disappointed that no-one among the comment-ers has pointed out this basic inconsistency. It is also very silly that Swamy claims that the EC "sat" on his petition, but dismissed this one instantly. Every petition is unique and would obviously assessed on merits. Can someone make same allegation to the Supreme court?
The Ec members are handpicked by the ruling party, it is futile to expect them to act impartially. We earlier had the spectacle of one CEC, M.S.Gill joining congress after retirement and becoming a minister. There should be total ban on CEC members joining a political party or re-appointed to a post of profit after retirement.
another loss for loud mouth swamy. All the cases he has file have either been thrown out by courts or by other constitutional bodies...lol
Congress has never ruled the country by worth. This party has always made it certain that the back door entry is strong. It has always kept stooges in right places like CBI, ED, CVC and the Governors and the president of India for all eventualities. For congress, ruling the country by any means is of paramount importance. Swamy please keep your fight on. Nation is proud of you.
One may agree or disagree with Dr.Swamy but no one can doubt his intellectual brilliance.It is surprising that he had any expectation from the Election Commission,a constitution body that is manned by acceptable retiring/retired bureaucrats.Talking of code of conduct,it is not worth the paper it is written on.Let the EC thrive on transferring a few officials here and there during elections,staggering election process to months and deploying force to ensure 'fair'elections.Post retirement as CEC look forward to greater elitist status.
This case will be a test for our judiciary. Congress may not be derecognised but the petition deserves atleast a hearing. Rejecting swamy's petition without any action is deplorable. If political funding can be used for commercial activity that means party/government policies are open to control by private parties - quid pro quo.
well said. swamy's petition is very much valid. Its the EC which has shirked its responsibility towards the nation. This case will be a test for our judiciary. Congress may not be derecognised but the petition deserves atleast a hearing. Rejecting swamy's petition without any action is deplorable. If political funding can be used for commercial activity that means party/government policies are open to control by private parties - quid pro quo. Imagine companies like those of ambanis invest in politics as business venture. political parties must and should follow certain objectives in a democracy- thats why political funding is granted tax exemption
InUSA the election took place yestrday i.e. 5.11.12, by 6th morning the results were out. Our EC take one month to declare the results where all the votes were casted thru EVS. Why should we have a governing body which is playing to the tune of the Congress party?
Do we have any independent agency who take strong decision?Do not know why EC and court hesitates and afraid of whom?
EC and CBI are corrupt agencies of corrupt congress.
Look yesterday was voting (by ballot paper) in US and today they have declared the result. In India we use EVM and result is declared after so many days. It raises doubt about the fraud in counting. Secondly its my country and EC and all other bodies are here to serve me and I can raises doubt on them 1000 times. They are not god.
Congress thinks (and they are succesfull) that they can bulldoze anything in this country and if any thing happens put their gods Nehru Gandhi in front so that people will fold their hands and go away. If they hve done mistake, they should rectify or face prosecution. Dear Swamy - this country is with you because you are truthfully right.
I never imagined that EC could take a stand on Congress Party donating money to some organisation. For them it is 'chalta hai'. Courts can take a notice of this bungling by ruling party. Good luck Dr. Swamy !
Election commission never got to know intricacy of EVM but hurriedly injected into Indian system. It again double crossed Dr Swamy on court giving lame environmental excuses when country future is compromised. Now, adding more newspaper were quoting EC to reject Dr Swamy petition. Instead of going after media it seeks to gag Dr Swamy. Pity these spineless wonders in modern india. thank god, they stopped saying There is no law on usage of funds. extending it further, they avoided even if political party gambles we cant stop since we dont have power. Wonder why is organisation at all. purpose itself is defeated. great loss of people's money feeding these CBI, ED. they are accountable to govt which is now rogue. Open robbery in this nation in the name of UPA.
Always Dr Swamy's good and valid allegation against any political party for the wrong doings is rejected easily. Presently EC has rejected his contention for de recognising the congress was summarily rejected.We should help Dr Swamy in fighting the corruption boldly.Luckily Dr Swamy is not searched by CBI with anybody's order.Dr Swamy should continue to probe the wrong doings of all.
Very valid points and completely agree with S.Swamy. Raises serious doubts re EC's credibility re its ability to conduct its duties properly