Mr. V.S. Sampath,
Chief Election Commissioner,
Nirvachan Sadan, Ashoka Road,
New Delhi.
Dear Mr. Sampath:
I am enclosing press clippings from Indian Express of November 4, 2012 and Times of India of November 5, 2012 wherein allegedly your officials have been leaking the Election Commission pre-determined malafide intention to return my Petition, as outside the scope of your Commission’s powers under the Constitution and Statutes.
I bring to your notice that there is an important law point in my Petition which you have to answer arising from the General Clauses Act. which is whether the power to recognize a party includes the power to de-recognize in specific circumstances, besides those listed in the Symbol Order. Even the Supreme Court’s decision on de-registration (as distinguished from de-recognition) rejecting the EC’s powers to de-register, provides for exceptions wherein a party could be de-registered.
Hence given the fact that Section 29A of the R.P. Act, 1951 specifies only how and what donations can be received from a party but is silent about providing or extending loans and grants etc. to companies registered under the Companies Act, by a political party, it may be taken applying the General Clauses Act that EC can de-recognize. But, being a law point, the matter has to be argued in hearings of the full Commission under Section 146 of the R.P. Act, 1951.
Hence the leaks raises a serious question on the impartiality of the Election Commission and whether the EC is acting in a malafide, arbitrary and unreasonable manner, in leaking to newspapers what is tantamount to a pre-determined decision even before the hearing is held, and which is favourable to the Respondent ruling party. Kindly put a stop to these leaks as it violates my rights under Article 14 read with Articles 19 to 21 of the Constitution, in my dealing with the Election Commission for getting justice and fair hearing.
Yours sincerely,
( SUBRAMANIAN SWAMY )
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