New Delhi, April 19
A day after the embarrassing human trafficking episode involving a BJP parliamentarian, the saffron party today suffered a setback with the Election Commission rejecting its demand for keeping out poll commissioner Navin Chawla during the hearing of the de-recognition case over the communally inflammatory CD issue.

“The mere pendency of a case cannot ipso facto lead to the conclusion of existence of bias or apprehension of the same,” the full commission ruled before it proceeded with the hearing on the controversial CD issue which had led to demands for de-recognition of the BJP.

The commission said it saw "no reason" to constitute a bench of only two commissioners and instead decided that all three members would hear the matter further and adjudicate on it.

In its two-page order, the EC said it had "carefully considered" the submissions of the BJP and parties seeking its de-recognition.

The hearings into the controversial anti-Muslim CD released by the BJP in Lucknow and the de-recognition demand following that got bogged down on the BJP's demand that Chawla should not be part of the proceedings against the party.

The BJP contended that the party had petitioned the President with a memorandum signed by over 200 MPs for removal of Chawla on grounds of misconduct and had also moved the Supreme Court in this regard.

The party argued that when the apex court was going into its petition, how Chawla could sit in judgement over them.

Chawla has been accused of taking donations from Congress MPs out of the MPLADS fund for the Lepra India Trust run by his wife Rupika Chawla.

The commission recalled that it had issued a suo motu notice on April 5 to the BJP to show cause why action should not be taken against it under the election symbols order for having released the CD containing inflammatory campaign material derogatory to the sentiments of certain community.

The Congress, the BSP, the CPM and V.P. Singh-led Jan Morcha also joined in the proceedings.

Meanwhile, the Election Commission has completed its hearing in the controversial CD case. The BJP presented its defence in front of the Election Commission. Written arguments in the case can still be submitted till Saturday after which the commission will come out with its order.

Even after today’s hearing, the BJP said it reserved the right to approach the courts on the issue. The BJP in its defence at the Election Commission also said that the EC cannot derecognise a political party.