BJP, Varun thumb nose at EC

The BJP and its Pilibhit candidate Varun Gandhi on Monday thumbed their nose at the election commission’s (EC’s) recommendation not to field him for the Lok Sabha election. Disregarding the divisive impact of Varun’s speech, he and the BJP concentrated, instead, on questioning the EC’s authority, jurisdiction and, even, motive.

With his party standing by him, Varun alleged that the EC action was “pressurised by political considerations” and that by making “adverse remarks and recommendations to the BJP and other parties, the EC acted beyond its jurisdiction and surpassed its powers, including under Article 324 of the Constitution”.

Arguing that the EC action was in “utter disregard of the principles of natural justice”, as it had passed the censure “without any attempt to ascertain the truth”, Varun asserted that he would not withdraw from the polls. “I believe my real court of appeal lies with the people,” he said.

BJP president Rajnath Singh said, “As far as candidature is concerned, I want to say this in clear words that Varun Gandhi will remain our candidate. And we will campaign for him.”

The BJP even questioned the EC’s authority, saying it does not have the authority to make such recommendation. “We turn down the recommendation of the election commission,” BJP spokesperson Balbir Punj said. Earlier, Punj suggested that strained relations between Sonia Gandhi and Varun’s mother Maneka Gandhi were another reason for the EC decision. “We also know about CEC-designate Navin Chawla’s proximity to the Congress and its leadership. I would not like to comment anything on it.”

Calling the EC recommendation unprecedented, Punj said such action had never been taken against  Sajjan Kumar and Jagdish Tytler, accused in the anti-Sikh riots. He said the EC has also been silent on a convicted person like Sanjay Dutt, who is to contest from Lucknow on a Samajwadi Party ticket and there have been persons charged with all sorts of crimes who have become cabinet ministers.

BJP general secretary Arun Jaitley said the power to advice as to who should be the party’s candidate and who should not be the candidate does not rest with the EC. He said debarment and disqualification of candidates is dealt with under Article 102 of the Constitution, the ultimate effect arising upon conviction in an offence for three years and more. He wondered how the EC could advise against fielding Varun when no charge-sheet had been filed. “What the EC does not have the power to do directly, it cannot do indirectly”.

Wondering if the EC would send similar advisories to other political parties fielding candidates with a criminal background, Jaitley said  the BJP had disassociated itself from the views of Varun Gandhi and also advised all leaders and candidates to strictly adhere to the code of conduct”.