Saturday, May 13 2006 15:09 Hrs (IST) - World Time -

New Delhi: The CPI(M) yesterday (May 12, 2006) petitioned President A P J Abdul Kalam 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 that purported complaint didnot 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.

Karat said the order passed by the Election Commission "Was and is illegal and unconstitutional especially since the EC has chosen to step into the arena of controversy, something that the EC should have eschewed."

In such circumstances, he said, the Election Commission should mot proceed further and should reject the purported complaint against CPI(M) MPs "As it was made at a time and with a view to the state elections and was motivated on the face of it for political and not for bonafide purposes."

He said the EC decision to seek more details gives an impression that the poll body "Gives credence to the bare allegation that the named MPs do hold offices of profit as alleged."

"This impression should not have been created by an unbiased constitutional authority as the Election Commission undoubtedly is," Karat said.

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.