Disgruntled BJP leader Subramanian Swamy, who is more known for spreading fake news against his own party these days, has threatened to take legal action against the party over the extension of the party president’s term. The former Rajya Sabha MP on 14th February shared a letter written to BJP President Jagat Prakash Nadda, opposing the party’s decision to extend Nadda’s term and not hold elections.
Swamy informed Nadda that he wrote to the Election Commission of India alleging that not holding party elections in BJP violates statutory and constitutional provisions. It is notable that JP Nadda was elected the president of BJP in January 2020, and his term ended in January 2023, as the BJP constitution states that the term of the president is 3 years.
During the BJP’s national executive meeting days before the expiry of his term in January last year, the party decided to delay the internal elections and extend the party president’s term to June 2024. BJP didn’t want to make any change in the party ahead of the general elections and therefore decided to fight the polls under the leadership of JP Nadda.
However, now rebel BJP leader Subramanian Swamy has objected to this decision. He has written a letter to JP Nadda, opposing the extension of Nadda’s term as BJP president. According to Swamy, the extension of the party president’s term violates the provisions of the Constitution, The Representation of the People Act, 1951, the party’s constitution and his fundamental rights.
Saying that he has already filed a complaint with the EC, he wrote, “I am enclosing herewith my letter apprising the Election Commission (dated November 13, 2023) about the lack of internal party elections in BJP as violative of statutory and constitutional provisions, as provided in the Constitution and The Representation of the People Act, 1951.”
Arguing that the decision also violates the BJP constitution, he wrote, “Even the term-extension of the BJP President is currently in contravention to the Article XXI of the Party Constitution, which stipulates for the term’s length to be only 3 years, extendable through fresh party elections.”
The letter enclosed below is to initiate some more democracy in the Party, to enable Party workers to participate in the activities of the Party. pic.twitter.com/E1aUr9eJq1
— Subramanian Swamy (@Swamy39) February 14, 2024
Subramanian Swamy claimed that this violates his fundamental rights, and therefore he may take the matter to Delhi High Court, adding that the matter is already with the Election Commission. Swamy said that the letter is a notice informing that he is taking legal action after a month from the date of the letter.
“Since the matter is before the Election Commission and may be filed in the Delhi High Court as violative of my fundamental rights, I hereby give you notice that I intend taking legal action for necessary reliefs, after a month from today’s date,” Swamy wrote. This means he indents to approach the Delhi High Court on or after 6 March 2024.
At the end Subramanian Swamy added that he is available to apprise “the ramification of the failure to hold legitimate party elections to elect office bearers and committees.” He also sent a copy of the letter to the Chief Election Commissioner.
