New Delhi: Cornered by the Opposition attack and the strong action initiated by the Election Commission over the controversial campaign CD, the BJP on Monday put up a brave front saying the Election Commission has no power to cancel its registration as demanded by its opponents.
Washing its hands off the issue, the party, however, admitted that it was a mistake on its part to release the CD.
"It is extremely dangerous for democracy if the Election Commission were to assume the law to decide as to which party is to be allowed to contest elections effectively, and which party is to be prevented from so contesting," the party said.
The party took this stand in its separate replies to the EC in response to the charges of the BSP and VP Singh-led Jan Morcha, which sought the derecognition of the saffron party in the wake of the CD controversy.
The BJP said that the provisions of Representation of People's Act (RPA) had no provision for the cancellation or withdrawal of
registration of a party. The Act only provides of registration of political parties, it said.
BJP Vice-President Mukhtar Abbas Naqvi said the request for de-recognition of a major national party can render the election process into a 'mockery'.
Seeking the dismissal of BSP's demand, the BJP cited the case of Arjun Singh vs BJP in 1992, in which the commission had already held that there was no such power with the EC to cancel or withdraw the registration of a political party.
Besides, the BJP said, the Supreme Court had also held that there was no power to cancel the registration of a political party once it was granted. The only exception to this provision to de-register a political party was when a party had attained the registration by fraud or forgery, it said.
The party categorically disowned all the contents in the materials placed by the BSP.
On its part, the Congress alleged before the Election Commission that the BJP was trying to communalise the elections by "trying to inflame passions and adopting a poll campaign which is divisive."
At a hearing of political parties started by the EC on the release of the controversial CD by the BJP in Lucknow, a team of Congress leaders presented the party's case before the Commission. The team included senior Congress leaders Kapil Sibal, V Narayanswamy, Ashok Gehlot and Devendra Prasad Dwivedi.
The commission would start its inquiry into the matter from Wednesday onwards as each of parties that appeared before the commission wanted to respond to the replies furnished by the other parties. The commission has, meanwhile, given one more day to the BJP to file its reply.
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