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India's top poll body is torn
asunder
WSN Network
 NEW
DELHI: India's much touted and hyped for its fairness Election
Commission is torn asunder and its chief has told the President of
India that one of his colleagues should be sacked forthright.
In a development that sent shockwaves throughout
India's polity,
Chief Election Commissioner (CEC)
N. Gopalaswami said his colleague, Election Commissioner, Navin Chawla was
“partisan” and must be thrown out without further delay. The
political storm exploded merely weeks before the EC is set to
announce the dates for countrywide general elections.
Now, there is complete turmoil. The CEC is being seen as a
BJP man, Chawla as a Congressman, and democracy is the butt of
jokes.
Constitutional experts and most political parties, barring
the Bharatiya Janata Party (BJP), have objected to the CEC’s
recommendation, questioning the timing of his move. He is scheduled
to retire on April 20. The government appeared in no mood to accept
his recommendation.
 Gopalaswami
and Chawla had been at loggerheads for over two years on many
issues, including holding of various state elections. Sources close
to Gopalaswami said the 24-page letter, sent earlier this month, is
supported with 68 pages of documents, including the BJP petition
seeking Chawla’s removal.
The CEC has listed 12 incidents of Chawla’s alleged bias
towards the Congress, which include “attempts to extend President’s
rule in Karnataka, prevent early elections in Himachal and
flip-flops in the
Gujarat polls.”
These are matters on which Chawla disagreed with Gopalaswami in his
capacity as election commissioner.
Gopalaswami had sought an explanation from Chawla in July
2008 on charges that he was “partisan”. Chawla refused to reply
saying it was not a valid reference, following which six months
later the CEC sent his recommendation to the President. “I have
submitted my report. It is a privileged document, I cannot speak
about it,” Gopalaswami said in Mumbai. A defiant Chawla said he
would not quit.
Constitutional experts like Fali Nariman and Shanti Bhushan
slammed the CEC’s move. “Had he done it a year earlier, it might
have been considered a bona fide complaint, but unfortunately he has
done it now when ordinary people will believe there is some
motivation,” Nariman said.
Former law minister Shanti Bhushan termed it a “political
gimmick” and demanded the CEC’s resignation.
The Manmohan Singh government has made clear it cared little
for the CEC's recommendation, said he was no one to even make this
recommendation, and said only the government can initiate such a
move.
In reply to a 2006 BJP petition in the Supreme Court,
challenging Chawla’s appointment, the government had said the CEC
was “over stretching his limits.” “The CEC’s role in removing a
commissioner comes into play only after the government has sought
his opinion on the issue. Article 324 (5) of the constitution
contemplates that the appointing authority (the President), will
remove the Election Commissioner,” the affidavit said.
4
February 2009
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