New Delhi: Slamming the rejection of the nomination form of Meenakshi Natarajan, Congress told Election Commission Wednesday that there is no criminal case pending against the Rajya Sabha nominee, and urged it to overturn the returning officer’s order in MP.“It is like saying two plus two is seven, not even five. It is an egregious, unlawful order, and it should be set aside immediately,” Abhishek Singhvi said, adding that the RO’s order strikes at the heart of democracy and the Constitution.
No criminal case, EC can overturn RO order as in past cases: Singhvi
An AICC delegation led by general secretary K C Venugopal, lawyer-MPs Singhvi, Vivek Tankha, and Randeep Surjewala, among others, met EC.Singhvi said EC has powers under Article 324 of the Constitution to overturn the RO’s order, and it should be done immediately.The top lawyer said Section 33(A) of the Representation of People’s Act states that a candidate has to disclose only those cases that have a punishment of over two years and in which the charges have been framed, adding that charges are framed by a judge in the judicial process. In case of Natarajan, Singhvi said it is a private complaint which can be baseless, and which the magistrate may or may not take cognisance of. “Natarajan has just received a notice to come to the court and tell why cognisance should not be taken,” he added.The Rajya Sabha MP said without cognisance, no criminal case exists in law. He said subsequently, there has to be a chargesheet and then charges have to be framed. “Contrary to the RO’s decision, there is no ‘cognisance’ taken yet,” he added.He said EC has in the past overturned RO’s orders, like in Haryana where a nomination was being thrown out wrongly, and also in Gujarat. “We hope that EC realises that such an order creates a non-level playing field,” he added.