"That is the legal position. I am surprised that Swamy does not know. He is one who had claimed that he is a legal counsel and had fought so many cases," Congress spokesperson Renuka Chowdhary told reporters here.
Swamy had sought de-recognition of Congress on the plea that it violated rules for registration by loaning Rs 90 crore to a company.
The Commission, after its full meeting, headed by CEC V S Sampath, dismissed the plea holding that it did not fall under any of the grounds specified for de-recognition of a political party.
Swamy had earlier alleged that the Indian National Congress headed by Sonia Gandhi be de-recognised by the Election Commission on the ground that the party had loaned over Rs 90 crore to a company named Associated Journals Private Limited, in violation of the guidelines and rules for registration as well as recognition of political parties.
"The ground urged by you seeking de-recognition of the party under reference in the present case does not fall under any of the grounds specified under the said paragraph 16A for such recognition," the Commission said in a letter to Swamy.