The battle in the Election Commission has assumed unprecedented proportions with the Chief Election Commissioner N Gopalaswami recommending to the government removal of the other Election Commissioner Navin Chawla.
The battle in the Election Commission has assumed unprecedented proportions with the Chief Election Commissioner N Gopalaswami recommending to the government removal of the other Election Commissioner Navin Chawla.
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The recommendation comes about three months before Gopalaswami is to demit office on April 20 and is based on a petition by the BJP which had complained against the 'partisan' functioning of Chawla.
The BJP had alleged that Chawla was close to the Congress party "I did my job. The report has been given," Gopalswami said but declined to elaborate.
The Chief Election Commissioner's recommendation ahead of the general elections brings to the fore the differences among the three-member body which has often been marred by clashes over crucial decisions.
Only last year, Chawla had raised serious objections to the holding of the Karnataka assembly elections in May but was over ruled. Similarly, he is believed to have also had reservations over the conduct of assembly elections of Uttar Pradesh in the summer of 2007.
Under the provisions of the Constitution, the recommendation of the CEC was required for the removal of an Election Commissioner. But it is not clear whether the government would act on the suo motu recommendation of the CEC for removal of Chawla.
Sources said that Gopalaswami has believed to have given the recommendation but he was not sure whether the government would accept it.
The Commission works on the principle of consensus and in case of differences, it goes by majority opinion. Gopalaswami is understood to be of the view that Chawla and the other Election Commissioner SY Qurashi could get together and ensure that the Lok Sabha elections could very well start after April 20 once he is out of the Commission.
BJP demands firm action on CEC's recommendation
With Chief Election Commissioner N Gopalaswami recommending the removal of his colleague Navin Chawla, the BJP today demanded 'firm action' on the issue saying the 'credibility' of the poll panel is 'at stake'.
"The credibility of the Election Commission is at stake with the CEC asking for the sacking of one of its members to the President," BJP spokesperson Rajiv Pratap Rudy said. He also demanded firm action on the issue, saying the development poses a threat to the democratic fabric of the country.
"The Election Commission is now mired in controversy. In absence of a firm action, the fairness of the Commission would become a suspect, posing a threat to democracy and Constitution," he added.
Intricate issues involved in CEC's recommendation: Cong
Congress today said that Chief Election Commissioner N Goapalaswami's recommendation for removal of Navin Chawla involve 'several intricate issues of law', including the 'very jurisdiction of the CEC to exercise such powers on a colleague'.
"We have no official notice of the recommendation or its content," Congress spokesman Abhishek Singhvi said.
"There are several intricate issues of law involved including the very jurisdiction of the CEC to exercise such powers on a colleague," he said.
"Since press reports suggest that the matter is in the domain of the Central government, it would be premature to comment further till a considered view is taken keeping in mind all legal aspects at the Centre's level," he said.
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