The Communist Party of India (Marxist) petitioned President A P J Abdul Kalam on Saturday, complaining against the Election Commission's 'unjustified' decision to seek details of office of profit of party MPs, merely on the basis of allegations by a Trianamool Congress MP.
In a letter to Kalam, party general secretary Prakash Karat said it was a well-established fact that no judicial or quasi-judicial body can seek materials from a party with a view to make out a case of action, where none is disclosed.
"It was incumbent on the EC to reject in limine the purported petition/complaint of Mukul Roy, which did not disclose any prima-facie case whatsoever and should have given its opinion to the President that the purported complaint did not disclose even the slightest prima-facie case of which cognisance should be taken," he said.
Surprisingly, Karat said, instead of rejecting the petition the EC 'gratuitously' sought to give an opportunity to Roy to try and make out a case by inviting him to furnish documents and materials.
"We strongly believe that there has been an unwarranted and unjustified exercise of power and authority on the part of the Election Commission of India -- unwarranted because it has violated basic norms of jurisprudence, and unjustified because it has transgressed all rules of fair play," he added.
The general secretary demanded that the complaint by Mukul Roy should be rejected outright and the EC order be recalled immediately to 'help restore confidence and meet with the ends of justice'. Karat urged the President to seriously consider the matter and take suitable action.
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