Mr Shantaram Naik M.P. has demanded de-recognisition of BJP by the Election Commission in view of the fact that most of its leaders have been indicted by Liberhan Commission.
Mr Naik who was initiating a debate on behalf of Congress in the Rajya Sabha on the Representation of Peoples Act (second Amendment) Bill further said that BJP has violated the commitment given by them to protect the constitution and its principle, and that, the commitments contained in their own partys constitution a copy of which was given to the Commission during the registration of the party , have also been violated.
It has now become habit with BJP members to take oath before the Returning Officer while standing for elections to protect the constitution and then repeat it when they get elected and thereafter in public meetings defy secularism by calling it congress secularism, Mr Naik said.
Refering to the statement of Law Minister Shri Veerappa Moily who informed the House that the Election Commission has sent 22 proposals for amendments, Mr Naik said that Commission should be asked about their practice of creating laws by themselves by issuing orders purportedly under article 324 of the constitution without consulting the Parliament.
Mr Naik said if the orders issued under article 324 contains some good proposition, they can be incorporated in the law but they should not remain in a vague form of orders issued by Commission, without the authority of Parliament.
Mr Naik also criticized Election Commission for holding a view that they can monitor cases arising out of acts of indiscipline committed by persons on election duty, even after the process of election gets over.
Mr Naik said provision of the Representation Act do not permit holding of such a view, and therefore, Mr Naik requested the Law Minister to bring the legal position to the notice of the Commission.
Mr Naik welcomed the provision in the new bill which will give opportunity to the voters to file appeals in case of electoral rolls , however, Mr Naik said that the appellate authority should also have powers to stay an election if the number of omission of voters is substantially large.
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