Congress slams EC for 'lack of neutrality', panel hits back

NEW DELHI: Accusing the Election Commission (EC) of replying to its complaints pertaining to 20 seats in recent Haryana polls with attacks on Congress netas and the party, and of adopting a “condescending” tone, Congress said, “If the current EC’s goal is to strip itself of the last vestiges of neutrality, then it is doing a remarkable job at creating that impression”.

EC responded by saying Congress’s statement seemed more like criticism directed at the commission than a counter to core issues clarified by EC in its letter to Mallikarjun Kharge on October 29.

The letter to EC, written by senior Congress functionaries K C Venugopal, Ashok Gehlot, Ajay Maken, Abhishek Singhvi, Jairam Ramesh and Pawan Khera, says, “Judges who write decisions don’t attack or demonise a party raising issues. However, if the EC persists, we shall have no choice but to seek legal recourse to expunge such remarks.”

Election Commission is familiar with this remedy since it unsuccessfully sought to do the same with a high court’s unflattering but accurate observations after Covid.

Congress sent a scathing reply to EC after the watchdog dismissed its complaints pertaining to 20 constituencies in Haryana elections as designed to bring the entire results under a cloud.

Congress’s letter said the party had raised specific issues in Haryana but the “EC response is generic and focused on diminishing the complaints and the petitioners”. It said that the “EC has given a clean chit to itself... the answer given to the question of the machines’ fluctuating batteries seeks to confuse rather than clarify”.

The Congress letter took exception to EC calling its engagement with the party as “exceptional”, arguing the constitutional watchdog with quasi-judicial functions was only doing its duty by hearing a political party — adding that “the commission seems to have forgotten” the fact.

“We do not know who is advising or guiding the commission,” the letter said, adding that the party can take legal recourse if EC refuses to engage with it over its complaints.

In fact, Congress slammed as “disingenuous” EC’s bid to identify a pattern in its complaints, arguing that most of its petitions pertain to the short duration of elections where causes of action arise quickly.

It said EC has not taken action in any of the over 100 complaints against PM Narendra Modi and home minister Amit Shah, while acting against Congress’ Mallikarjun Kharge and Rahul Gandhi for their speeches.

Reacting to the letter, an EC official told TOI, “EC had made three points. First, that the allegations relating to EVM battery and electoral processes in Haryana were unfounded and baseless, with Congress candidates or their agents being involved at every stage. Second, EC had pointed to a ‘pattern’ in raising of unfounded doubts by Congress on ‘core’ aspects of the electoral process over past 5-6 elections, on which too the party has maintained silence.

“Third, EC had said raising unfounded doubts on electoral processes during polling or counting, while the anxiety of the public and political parties is already at its peak, leads to public unrest and turbulence... this point also appears to have been accepted by Congress,” the official added.

Another official further said, “Congress seems to be in a dilemma after its allegations of irregularities in Haryana were rejected by EC. It had the option to file an election petition in the high court, since the result was already declared. But Congress chose to petition EC despite being aware of the rules.”

Congress can still challenge the result as an election petition can be filed within 45 days from the result.