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President dittos Govt on Chawla
Pioneer News Service | New Delhi
Controversial EC set to become CEC
On the eve of notification for the Lok Sabha polls, the UPA Government on Sunday swung into action and rejected Chief Election Commissioner N Gopalaswami's recommendation for removal of controversial EC Navin Chawla.
With the commission all set to announce dates for the upcoming General Elections within 48 hours, President Pratibha Patil on Sunday approved the Government's opinion not to accept Gopalaswami recommendation to remove Chawla. In a letter to the Government on January 16, the CEC had accused Chawla for his "partisan" conduct and recommended his removal to preserve the independence and fairness of the commission.
A communiqué issued by the Rashtrapati Bhavan said, "The Government has recommended that the CEC's report and the recommendation to remove Navin Chawla from the post of Election Commissioner may be rejected."
According to Rashtrapati Bhawan spokesperson Archana Dutta, "The President, after careful consideration of the report of the CEC, the Government's recommendation, constitutional provisions and the Supreme
Court's judgment, arrived at a considered opinion and has accepted the recommendation of the Government."
Gopalaswami, who is due to retire on April 20 this year, caused a stir with his "sack-Chawla" letter as never in the past has any Election Commissioner faced a threat of removal. Though Article 324(5) of the Constitution empowers the CEC to recommend removal of any Election Commissioner, the Government had shot down the request, stating that such a recommendation is to be made on a reference from the President.
In this case, however, the CEC acted upon a representation filed by the Bharatiya Janata Party after obtaining an order from the Supreme Court in this regard. On August 7, 2007, the Supreme Court had allowed the petitioner, senior BJP leader Jaswant Singh, to withdraw his petition seeking removal of Chawla on a submission by the CEC in an affidavit that stated he had suo moto powers to recommend the removal under Article 324(5). The court said, "If need be, the petitioners would approach the CEC by way of independent representation who may deal with it in accordance with law."
After the Union Law Ministry gave its comments on the CEC's recommendation to give it a silent burial, the Prime Minister's Office approved the same last week and referred it to the President for approval. The Government relied on a Supreme Court decision of 1996 in the TN Seshan vs Union of India case to reject the CEC's recommendation.
The apex court's decision, while affirming that the CEC was the sole authority to decide on the removal of ECs, stated as a rider, "If, therefore, the power were to be exercised by the CEC as per whim and caprice, the CEC himself would become an instrument of oppression and would destroy the independence of the ECs and RCs if they are required to function under the threat of the CEC recommending their removal."
Moreover, the Government understood the power to recommend the removal under Article 324(5) required a reference from the President and not suo moto by the CEC.
Chawla, an IAS officer of the 1969 batch, was appointed as the Election Commission in May 2005 and was all set to take over as the next CEC after Gopalaswami until the recommendation hit his prospects. Chawla has a year's tenure left and would be at the helm of affairs in the conduct of the Lok Sabha polls due to take place in April-May this year.
What made Gopalaswami suspect Chawla's "fairness" was a slew of allegations involving his conduct at the commission that was never above board. Quoting over a dozen instances in his letter, Gopalaswami referred to the dispute over the conduct of polls in Karnataka, where Chawla differed with the majority view of the commission to hold early polls. On the office of profit controversy, the Samajwadi Party accused Chawla of serving the Congress agenda. The CEC further noted that on the issue of de-recognising the BJP for violation of the model code of conduct and even on holding of polls, information privy to the three-member commission was leaked to the Government. On the question of seeking Sonia Gandhi's reply on a petition to disqualify her for receiving the Belgian Order of Leopold, Chawla was against issuing notice to Gandhi.
As a testimony of his allegiance to the Congress, Chawla was accused of receiving large sums as donation to two of his private trusts from the MPLAD accounts of prominent Congress leaders. In another matter of getting concessional land for his private trust in Jaipur, the Rajasthan High Court has ordered an inquiry. It is further alleged that all his plum postings came during the Congress regime at the Centre. Despite being indicted of excesses during Emergency and a judicial inquiry commission holding him guilty, Chawla has escaped unscathed.
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