New Delhi:
A Congress delegation met the Chief Election Commissioner and other Election Commissioners at Nirvachan Sadan, seeking the immediate reversal of the decision. The delegation included party general secretaries Jairam Ramesh, K C Venugopal, Randeep Singh Surjewala and Deepa Dasmunshi, along with senior leaders Abhishek Manu Singhvi and Vivek Tankha.
Addressing the media after the meeting, Singhvi said the returning officer had passed a “perverse order” without any legal basis.
“We demonstrated beyond doubt and beyond any matter of controversy that the returning officer has passed a perverse order,” he said.
Singhvi, a senior advocate, argued that Section 33A of the Representation of the People Act requires candidates to disclose only cases involving offences punishable with more than two years’ imprisonment and where charges have been framed by a court.
“The process of framing charges is a judicial process. A judge frames charges,” he said.
Singhvi said Natarajan had merely received a notice to appear before a court and explain why cognisance should not be taken in the matter. He argued that no criminal case existed in the eyes of the law at that stage.
“Without cognisance, no criminal case exists. There is no criminal case merely because somebody makes an allegation against another person,” he said.
He said the returning officer had rejected Natarajan’s nomination despite the absence of cognisance, an investigation or a chargesheet.
“The returning officer’s order uses the word ‘sangyan’, which means cognisance. However, no cognisance had been taken,” Singhvi said.
The Congress also urged the Election Commission to exercise its powers under Article 324 of the Constitution to set aside the decision.
“The Election Commission has a huge reservoir of power under Article 324. It is a constitutional, inherent and untrammelled power to do justice and correct wrongs,” Singhvi said.
He said the rejection of Natarajan’s nomination had created an uneven playing field and struck at the heart of democracy.
“This is an egregious, blatant and patently unlawful order without any basis in law. It should be set aside immediately,” he said.
Singhvi also cited precedents from Haryana and Gujarat, where the Election Commission had intervened in cases involving the allegedly wrongful rejection of nomination papers.
He said Wednesday was the final date for the withdrawal of nominations and there was sufficient time for the Commission to intervene.
“We have submitted all relevant legal notes, statutory citations and precedents. We trust that the Election Commission will recognise the gravity of this unlawful order and exercise its constitutional authority to set it aside immediately,” he added.
Venugopal said the party had raised its concerns with the poll panel and hoped the matter would be examined promptly.
“They told us that they will look into it,” he said.
The returning officer had rejected Natarajan’s nomination on Tuesday evening following a complaint by BJP candidate Mahesh Kewat, who is contesting the third Rajya Sabha seat. Kewat alleged that Natarajan had concealed information about a case filed against her in Telangana.
Polling for the Rajya Sabha biennial elections is scheduled for June 18.