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November 21, 2014

India: Supreme Court notice on BJP plea on its foreign funding

SC notice on BJP plea on its foreign funding
IANS | Nov 21, 2014, 12.07 PM IST

NEW DELHI: The Supreme Court on Friday issued notice to the central government and the election commission on a BJP plea challenging the Delhi high court order that the contribution to its coffers by the Indian subsidiary of an overseas-based company amounted to foreign contribution.

An apex court bench headed by Chief Justice HL Dattu while issuing notice on Bharatiya Janata Party's (BJP) plea, tagged it with an earlier Congress plea on the same issue.

The Delhi high court had ruled that the funding for the Congress and the BJP by the Indian subsidiary of an overseas company amounted to foreign contribution which is prohibited and has urged the Election Commission (EC) and the central government to proceed against them.

http://timesofindia.indiatimes.com/india/SC-notice-on-BJP-plea-on-its-foreign-funding/articleshow/45227179.cms

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BJP moves Supreme Court against High Court verdict on Vedanta donations
Friday, 21 November 2014 - 3:40pm IST | Place: New Delhi | Agency: PTI

The Supreme Court on Friday issued notice to Centre and Election Commission on BJP's plea challenging Delhi High Court's verdict holding the ruling party along with Congress prima facie guilty of violating the foreign funding law by receiving donations from UK-based Vedanta Resources' subsidiaries.

Agreeing to hear the appeal, a bench headed by Chief Justice H L Dattu issued notice and tagged the case with plea filed by Congress which also challenged the verdict.

Challenging the order, BJP contended that the High Court erred in interpreting the law and Anil Agarwal and members of his family hold more than 50 percent share in the company and any contribution made by them will not be deemed to be contributions from a foreign source.

"The High Court did not appreciate that the petitioner and other political parties have not violated any provisions of Foreign Contribution (Regulation) Act, 1976 or 2010, as the donations made by these two even though Vedanta Resources Plc is a foreign company for the purposes of Section 591 of the Companies Act," the petition said.

It contended that Vedanta is owned by an Indian citizen, and its subsidiaries are incorporated here, therefore they are not foreign sources.

The High Court had held that Vedanta is a foreign company as per the Companies Act and therefore, the Anil Aggarwal-owned company and its subsidiaries, Sterlite and Sesa, are foreign sources as per Foreign Contribution (Regulation) Act (FCRA).

The verdict was delivered on a PIL by NGO, Association for Democratic Reforms and EAS Sarma, a former secretary of the Government of India, who had alleged that the two political parties violated the Representation of People's Act and FCRA by taking donations from government companies and foreign sources.

http://www.dnaindia.com/india/report-bjp-moves-supreme-court-against-hc-verdict-on-vedanta-donations-2037134