The NDA on Monday, urged the Election Commission (EC) to declare the decision of few political parties to abstain from the July 19 polls as unconstitutional.
Meanwhile, main Opposition party BJP is seriously considering the filing of election petition in Supreme Court, raising some constitutional issues about the presidential polls.
Sources in the BJP said both the issues like the compulsory filing of affidavit on assets-liabilities and political parties issuing directions to its MPs and MLAs in the presidential poll as unconstitutional raised by leader of Opposition LK Advani in the Lok Sabha were valid.
?The Constitution, while laying down the eligibility for a presidential candidate, states that any person 35 years of age, who fulfills the requirement to become an MP, can contest the presidential election. Now, if an MP is required to file an affidavit, why should not a presidential candidate,? they argued. The EC, however, has already rejected Advani?s petition on this issue.
Meanwhile, after meeting election commissioner Navin Chawla, Advani, who led the NDA delegation, said they believe ?compulsive abstention? had no place in the presidential elections. ?If it is allowed, it will deny representation to a large section of the electorate, which will directly be contrary to parliamentary democracy and the principle of representation of citizens through elected members,? Advani argued.
Advani said the delegation had been told that the EC would discuss their petition and come out with its response by Tuesday. In its six-page memorandum, the NDA wrote that the EC was required to clarify whether MPs or MLAs were ?entitled? to ignore decisions or directions from their parties to abstain in presidential elections.
?The Election Commission may, therefore, consider passing appropriate order(s), under article 324 of the Constitution restraining political parties from issuing any direction to their MPs/MLAs to abstain from voting in the forthcoming presidential elections,? it said. Any such direction, the NDA said, deserved to be ordered as ?unconstitutional.?
Though, the NDA did not name it formally in its memorandum, the move is seen as an attempt to neutralise the UNPA?s decision to abstain from voting, which in effect would benefit the ruling alliance?s candidate Pratibha Patil.