EC rejects Swamy's plea for derecognition of Congress party

New Delhi, Nov 6: The Election Commission on Tuesday rejected Subramanian Swamy's petition for de-recognition of the Indian National Congress on the plea that it violated rules for registration by loaning Rs 90 crore to a company.

The Commission, after its full meeting, headed by Chief Election Commissioner V S Sampath, dismissed the plea holding that it did not fall under any of the grounds specified for de-recognition of a political party.

"The ground urged by you seeking de-recognition of the party under reference in the present case does not fall under any of the grounds specified under the said paragraph 16A for such recognition," the Commission said in a letter to Swamy.

The Commission further stated that the November 3 and 5 letters written by Swamy were "not maintainable" under paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968, which gives powers to the Election Commission to suspend or withdraw recognition of a recognised political party for its failure to observe Model Code of Conduct or follow the Commission's directions.

The Commission has also said that even though the Representation of People Act, 1951 provides for the manner in which the registered political parties may raise their funds, "there is no provision whatsoever in that Act prescribing the manner in which the political parties may use those funds."

The EC letter further states that, "If the party has not complied with any of the provisions of the Income Tax Act, 1961, as alleged by you, that matter does not fall within the jurisdiction of the Commission."

Swamy had earlier alleged that the Indian National Congress headed by Sonia Gandhi be de-recognised by the Election Commission on the grounds that the party had loaned more than Rs 90 crore to a company named Associated Journals Private Limited, in violation of the guidelines and rules for registration as well as recognition of political parties.

The Commission has also taken serious exception to Swamys allegation questioning EC's impartiality and rejected it as "completely baseless".

"...the Commission does not have anything to do with newspaper reports referred to by you. The Commission had not taken any decision in the matter on the 3rd or 4th November, 2012 and, therefore, leaking of the decision by anyone does not arise. The Commission takes serious exception to your allegation questioning the impartiality of the Commission which the Commission rejects as completely baseless," the EC said.