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Varun continues to be BJP candidate
The Bhartiya Janata Party has decided to stand by Varun Gandhi, saying Varun will continue to be the BJP candidate from Pilibhit, Uttar Pradesh.
BJP spokesperson Balbir Punj announcing the decision after the Central Election Committee (CEC) meeting on Monday lashed out at the Election Commission for suggesting the party not to field Varun as a candidate in the Lok Sabha elections.
“Varun Gandhi is the BJP candidate in Pilibhit. We have turned down the decision of the EC. EC has no right to give advice to parties about who should be a candidate,” said Balbir Punj.
Meanwhile, the young Gandhi, who is to debut in politics, after getting the support of BJP as its candidate in Pilibhit slammed the Election Commission for giving biased advice and in utter disregard of the principle of natural justice.
The BJP candidate claimed EC’s decision was politically influenced as it came to harsh conclusion in haste without examining the authenticity or source of the tapes and ascertaining the truth.
EC, however, has rejected that the decision taken in the Varun Gandhi hate speech case was out of any influence. Reacting to the BJP’s accusations that the EC has been biased, the EC has reportedly defended itself saying it will contest any cases brought against it in the Varun Gandhi alleged hate speech case.
The Election Commission on Sunday had suggested BJP not to nominate Varun Gandhi as its candidate elections after holding him guilty of violating Model Code of Conduct, saying, “any such move would be perceived as endorsing his unpardonable acts of inciting violence and creating feelings of enmity and hatred between different classes of citizens of India, destroying the social, democratic, and plural fabric of the country, as enshrined in the Constitution of India.”
EC said that it was fully convinced and satisfied that the CD had not been tampered with, doctored or morphed, as alleged by the respondent.
After two films in US, Varun Khanna enters Bollywood .
Varun Gandhi's car injures man in Uttar Pradesh .
Poll panel seeks report on Varun Gandhi's remarks .
Varun Gandhi says his Pilibhit speech was tampered with.
BJP shuns Varun, says abusing religion is not party culture .
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Comments:
Prashant Kumar RMLNLU
March 24, 2009 at 12:00 AMPrashant Kumar RMLNLU
March 24, 2009 at 12:00 AMThe power to advise to who should be party's candidate and who should not does not rest with the Election Commission. the debarment and disqualification of candidates is strictly covered under Article 102 of the Constitution of India, which calls for disqualifying all those sentenced for two years or more.









The Election Commissions's inability to disqualify Varun Gandhi despite all its findings against him highlights a legal lacuna because of which a returning officer cannot reject the nomination of a candidate unless he has been convicted and sentenced to imprisonment for at least two years.