Controversy sparks on EC's dismissal issue

New Delhi, Sat, 31 Jan 2009 NI Wire

A day after Chief Election Commissioner N Gopalaswami recommended Election Commissioner Naveen Chawla’s dismissal on the charge of partisanship, Chawla on Saturday ruled out his resignation.


As per the media report, Chawla said ‘there is no confusion in between us and we will work together towards the general elections. The Commission has conducted flawless polls for the past several years and we will continue to do so.’

On Friday, CEC Gopalaswami sparked off a controversy in the political circle by taking suo motu action against Navin Chawla accusing him of partisanship recommended his dismissal to President Pratibha Patil, who in turn later forwarded the letter to the Prime Minister.

BJP had earlier presented petition to the CEC against Chawla pointing finger on his unfair functioning. BJP had accused Chawla for being close to the Congress. This is, however, not the first time when Chawla has found himself amid controversy. In 2006 too, he felt the heat after BJP handed over petition to the then President Dr A P J Abdul Kalam seeking Chawla’s sacking as Election Commissioner under Article 324 Section (5) of the Constitution.

The matter later also reached to the Supreme Court. In May 2006, two months later the memorandum submitted to the President who forwarded the petition to the government, BJP leader Jaswant Singh filed petition in the SC seeking Chawla’s dismissal charging him of being partial in discharging his duty.

In August 2007, BJP withdrew its petition after Gopalaswami filed affidavit in the apex court claiming the CEC had suo motu power to recommend the removal of an EC, and again took up the issue with the CEC.

The controversy though did not die as the government maintained in the apex court that the CEC had no suo motu power to sack an EC.

The differences between Gopalaswami and Chawla once again surfaced last year when the latter raised serious objections to the holding of the Karnataka Assembly elections in May. Earlier, in 2007, alleged report of dispute between EC and CEC also appeared during UP Assembly elections.

This time, however, the differences among the three-member body have been erupted when the general elections are barely two months away, and assembly elections in several states are round the corner. Moreover, Gopalaswami is to retire on April 20 and Navin Chawla is very much likely to succeed him as the CEC.

In the meantime, Constitutional experts criticized Gopalaswami's decision of suo motu action, recommending dismissal of Chawla as EC, saying the move has created a crisis just ahead of the elections and might send a wrong signal among people, especially youth.

Whatever outcome be come out of this controversy, the recommendation has undoubtedly supplied an issue to the political parties to fight; while Congress has come out in support of Chawla, BJP is demanding his dismissal accusing him of politically biased.



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