According to Dr.Swamy, Indian National Congress had “prima facie” committed an offence under electoral law as well as Income Tax law for which it is necessary to hold hearings and decide on derecognising the party.
The Election Commission of India had rejected Dr. Subramanian Swamy’s petition after its full meeting, headed by Chief Election Commissioner Mr. V S Sampath, dismissing his plea holding that it did not fall under any of the grounds specified for de-recognition of a political party.
The Election Commission 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.”
Dr.Swamy has recalled that the EC panel had sent him a petition of the minorities commission last year, seeking de-registration of the Janata Party over an “objectionable piece” he wrote in a national daily.
According to Dr.Swamy the Election Commission had sent the petition filed by the Minorities Commission to him for his for comments despite the fact that the Supreme Court had, in its judgment earlier, held that the EC had no power to de-register any political party.
Dr.Swamy himself quotes as above that EC has no power to de-register any political party. Why, then he filed a petition to EC instead of moving court?
Dr. Swamy has pointed out that the EC has moved so swiftly and rejected his petition without hearing him or sending his petition to the Indian National Congress or Mrs. Sonia Gandhi and Mr. Rahul Gandhi for comments. And in Dr. Swamy’s view the EC has ‘double standard’ in handling petitions.
Dr.Swamy would move court against the EC’s rejection of his plea for de-recognition of the Indian National Congress.
We will have to wait and see whether, Dr. Swamy would succeed in getting the Indian National Congress de-recognized by the Supreme Court of India