Govt unlikely to act on CEC’s note

Posted: Feb 02, 2009

Government has neglected CEC N Gopalaswami’s report, recommending the removal of Election Commissioner Navin

Chawla
New Delhi: The Government has taken a dim view of Chief Election Commissioner (CEC) N Gopalaswami’s report to the

President recommending the removal of Election Commissioner Navin Chawla—especially its timing, barely weeks before

the notification of general election—highly placed sources have told The Indian Express.

The sources said it was very unlikely that the Centre would act on the recommendation. Plans to appoint a new CEC from

within the present EC after Gopalaswami’s retirement on April 20 remain unchanged, they said. Navin Chawla is expected

to succeed the CEC.

The Congress, which yesterday said it was studying the issue, today indicated its resolve to back Chawla all the way.

AICC spokesman Abhishek Manu Singhvi also pointed out that Gopalaswami had been handpicked by the then Home

Minister L K Advani to be Home Secretary before his appointment to the EC, and that there appeared to be a “remarkable

congruence” between his views and the BJP’s.

Government sources maintain that Gopalaswami had, by informing the Supreme Court that he had the authority to decide

on fellow ECs and by sending an unsolicited view to the President asking for Chawla to be removed, departed from what

his predecessor B B Tandon had told the Court in June 2006.

Tandon had said the CEC cannot act suo motu on the memorandum before him unless the President first made a reference

to the Commission.

They are also of the view that the proviso for the possible removal of an Election Commissioner requiring the nod from the

CEC, is meant as protection for the —C¿to guard against a possible arbitrary Government move to tamper with the

functioning of a Commissioner, and not the vesting of the right to sack a colleague in the hands of the CEC.

The allegations against Chawla essentially centre on his alleged proximity, and partisanship towards the ruling Congress

party.

Asked if the Congress would continue to back Chawla to be the next CEC despite the current political controversy and its

potential to soil the authority of the Election Commission, Singhvi told The Indian Express on Sunday: “Despite all

uncertainties and chaos, which the BJP has tried to create, let me assure you that India’s constitution and institutions are

robust. Everything shall proceed in the same clockwork manner as it was designed despite repeated attempt to derail it and

to create chaos before the election, which is clearly the BJP’s object.”

Singhvi said it was for the Government to decide on the complaint against Chawla. “As for the credibility of the institution

suffering, those responsible for it will have to be asked,” he added.

Express news service