EC defers hearing in CD case following BJP protests

Sensing that it needs to step carefully in the case, the Election Commission postponed the hearing in the controversial CD case by a day for extraneous reasons: the BJP strongly objected to the participation of Election Commissioner Navin Chawla in the proceedings on the grounds that his "bias" would turn proceedings against the BJP.

The two-hour long proceedings meant for hearing the demands for derecognition of BJP in the wake of its UP unit's anti-Muslim CD failed to take off as they were bogged down by party's stand on Chawla.

Chief Election Commissioner N Gopalaswami adjourned the hearing till tomorrow. Chawla and the other Election Commissioner S Y Qureshi were also present.

"The party has submitted a petition before the Commission against the presence of a member against whom 205 NDA MPs had made a representation before the President. Another petition against him is before the Supreme Court. There is a reasonable likelihood of bias and that member should not take part in the hearing," BJP spokesman Ravi Shanker Prasad told reporters after the hearing.

He said the party also placed before the EC laws and rulings of the apex court to substantiate the case. One of the precedents cited was the Supreme Court ruling barring former CEC T N Seshan from hearing a case against AIADMK chief Jayalalithaa who had alleged a nexus between Seshan and wife of Subramnayam Swami, the complainant in the case.

Jayalalithaa had complained that Swami's wife had appeared for Seshan in some case.

Senior Congress leader and Union Minister Kapil Sibal said that BJP's objection was a "diversionary tactics and BJP is trying to buy time".

Sibal said his party demanded an administrative order by the Commission so that distribution of the CD by BJP could be stopped in the poll-bound Uttar Pradesh.

Deferring the hearing, the Commission said that a copy of BJP's objection should be given to other parties which BJP would do so, Prasad said.

Ridiculing Congress demand for an interim order, he said it was Congress tactics to stop BJP in the elections since it had no courage and standing following its defeat in Punjab, Uttarakhand and Delhi MC elections. "Other parties have joined the Congress only to do vote bank politics," he charged.

Sibal alleged that the saffron party was distributing the CDs even today and said that the BJP and Samajwadi Party were together.

Nilotpal Basu of CPI(M) said that the BJP was diverting the attention of the Commission from the very serious charge of distribution of CD.

He urged the Commission to pass an interim order so that further damage could be minimised.

A BJP delegation yesterday submitted a letter to the Commission requesting it to recuse Chawla from hearing the allegedly communal CD case.

The BJP's contention was that it did not expect a fair assessment from Chawla as a case was pending against him in the Supreme Court in connection with receiving funds from a political party for his trust "" few weeks before his appointment as election commissioner by the Congress-led UPA government.

Four parties "" Jan Morcha, Bahujan Samaj Party (BSP), Samajwadi Party (SP) and Congress "" had approached the commission seeking "derecognition" of BJP on the ground of violation of election code by release of the CD in Lucknow.

BJP has disowned the CD saying it was released without the knowledge of party leaders.

Two FIRs have been lodged in Lucknow at the instance of the Commission.