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EC has no power to cancel registration: BJP
April 09, 2007 18:04 IST
"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 BJP contended.
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".
In its separate replies to the Election Commission in response to Bahujan Samaj Party and V P Singh-led Jan Morcha, which sought saffron party's derecognition in the wake of the CD controversy, the BJP said that the provisions of Representation of People's Act had no provision for cancellation or withdrawal of registration.
The Act only provides of registration of political parties, it said. Seeking 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 denying all the contents in the materials placed by the BSP.