The party-list group Binhi –Partido Ng Mga Magsasaka Para Sa Mga Magsasaka of BINHI has questioned before the Supreme Court (SC) the decision of the Commission on Elections (Comelec) last week to disqualify it from next year’s polls.

In a petition filed Monday, BINHI through lawyer Charita Agdon sought relief from the High Court against the “whimsical, abusive” cancellation of its accreditation and registration by the poll body for the mere reason that its members are affiliated with a cooperative in Cabanatuan City.

BINHI specifically asked the SC to immediately enjoin the poll body from implementing its resolution last Nov. 28 by covering the petitioner with the status quo ante order earlier issued on other similarly situated party-list groups.

Prior to its disqualification, BINHI party-list group had nominated Ryan Vincent Uy, Pacifico Rico Fajardo Jr., Nelson Villanueva, Victoriano  Perez, Jr. and Rodolfo Torreda Jr.

The group argued that the Comelec acted without jurisdiction or with grave abuse of discretion in canceling its registration considering it has fully complied with requirements under the law.

It cited as basis an earlier resolution dated Nov. 19, 2009 where the poll body granted the accreditation and registration of the group as a sectoral party duly representing the peasants, farmers and farm tillers - sectors covered in Section 5 of Republic Act 7941 or Party-list System Act.

“It is a manifest abuse of discretion on the part of the respondent Comelec to cancel the registration based on the pretext that the Petitioner is not among the marginalized and underrepresented and in doing so removing any chance on the part of these small farmers to be part of the legislative body so they can have a chance in promoting their interests in law making,” BINHI stressed in its petition.

“The respondent commission whimsically and capriciously cancelled the registration of the petitioner with a very shallow and very unacceptable reason that it is not among the marginalized and underrepresented while a clear reading of the law and jurisprudence concerned would readily reveal that there is no reason to consider the petitioner as not being part of those marginalized and underrepresented,” it alleged further.

BINHI also questioned why the Comelec disqualified it simply because its members also belong to the Cabanatuan City Seed Growers Multi-Purpose Cooperative (CCSGMPC).