No power to act on complaint: EC on BJP CD case
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Last Updated: Tuesday, October 19, 2010, 21:28
New Delhi: The Election Commission of India on Tuesday informed the Delhi High Court that investigation into Bharatiya Janata Party's controversial CD with alleged communal content during Uttar Pradesh assembly election in 2007 is on and at this stage it has no power to act upon any complaint.

Appearing for the Commission, counsel Pankaj Chopra submitted before Justice S Muralidhar that ECI has received information from the Home Department of Uttar Pradesh government that the probe into the entire episode has been going on and no challan was filed so far against any party leader.

EC's submission came in response to the notice on a petition seeking a direction to ECI for cancellation of BJP's 'lotus' symbol on the ground that the party had used a CD with communal content during the assembly election in 2007.

The Court was hearing a petition filed by Hansraj Jain, a social activist who had contested the Lok Sabha elections in 1989 and 1991 as an independent candidate from East Delhi constituency.

Claiming that through the application under the Right To Information (RTI) Act the Commission had in June said it has not taken a final decision on the issue against the party as the investigation by CBI was yet to completed.

According to the petitioner, in April 2007 during assembly election in Uttar Pradesh BJP had used a CD containing Godhra incidents and the state-wide riots that followed in 2002 with an intention to create communal disharmony.

Both the local administration and EC had filed two separate police complaints in the CD case and the Commission had pointedly accused former BJP President Rajnath Singh and state party veteran Lalji Tandon who had released the CD as part of the campaign process, the petitioner said.

Several years have passed and no action has been taken against the leaders and the party for such offence leading to communal disharmony, the petitioner added.


First Published: Tuesday, October 19, 2010, 21:28

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