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Cocodethick #Cocodethick

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We had a detailed representation before the Election Commission. We told them, and we demonstrated according to us, beyond doubt and beyond any matter of controversy, that the RO has passed a perverse order. The Election Commission's own law, the Representation of the People Act, has Section 33A, which says that disclosure is required only in those cases where the punishment is more than two years, and above all, only in those cases where charges have been framed. The process of framing charges is a judicial process. A judge frames charges. Now, as any kindergarten or first-year law student knows, the first step is a private complaint. That private complaint may be baseless and may have no legs to stand on. The second stage is the taking of cognizance by the magistrate, which is a judicial and independent process. Ms. Natarajan only received a notice to appear before the court and explain why cognizance should not be taken. That means the notice she received was before any cognizance was taken. Without cognizance, no criminal case exists in the eyes of the law. There is no criminal case merely because I allege something against somebody else without cognizance being taken. They have rejected Ms. Natarajan's nomination despite the non-existence of even cognizance, which means there was no criminal case that she could have disclosed. Whereas Section 33A, says that after cognizance is taken, there will be an investigation. After the investigation, there will be a charge sheet. The RO's order uses the word "sangyan." Sangyan means cognizance. There was no cognizance taken. Ultimately, we also pointed out to the Election Commission that it has a huge reservoir of power under Article 324. It is a constitutional power, an untrammable power and an inherent power. It is the power to do justice and the power to right wrongs. We hope and trust that the Election Commission will realize that this creates a very bad, distorted, non-level playing field. A non-level playing field strikes at the heart of democracy. A violation of that strikes further at the heart of the basic structure of the Constitution. Therefore, we have requested them for an immediate decision. We have come on the day of withdrawal. There is sufficient time. This is a completely egregious, blatant, patently unlawful order, without any basis in law, and it should be set aside immediately. That is our request. : Abhishek Singhvi ji Chairperson, AICC Law, RTI & HR Dept.

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