Chawla gets Prez’s seal of approval

By Mail Today Bureau in New Delhi

THE UPA government on Sunday rejected chief election commissioner ( CEC) N. Gopalaswami’s recommendation to sack his colleague Navin Chawla as election commissioner, paving the way for the latter’s elevation as the CEC. President Pratibha Patil rejected the petition filed by the CEC in January seeking Chawla’s removal on the grounds that he was favouring the Congress. The CEC’s appeal had triggered a bitter war of words between the ruling Congress and the BJP, and a tasteless fracas in the Election Commission ( EC).

Chawla, an IAS officer of the 1969 batch, was appointed election commissioner in May 2005 and is slated to serve in the poll panel till 2010. Gopalaswami, the senior- most in the three member body, is to retire on April 20. But, the UPA government’s resounding snub has fuelled speculation about his continuance as CEC after the poll dates are announced.

Both Chawla and Gopalaswami refused to comment on the government’s decision. “ Propriety demands you should not even ask for my reaction. You people must have some consideration for the office of the President,” Gopalaswami said.

Sources close to Gopalaswami, however, scotched speculation that his continuance as the CEC has become untenable after the government rejected his suggestion.

A source added that the CEC will not quit in a huff on the eve of his retirement and that he may preside over one or two phases of the upcoming polls.

The rebuff comes days before a commission meeting, most likely on Wednesday, to schedule the upcoming Lok Sabha elections.

To buttress their allegation that Chawla is partisan towards the Congress, BJP sources alleged that he went on medical leave for three days from Friday to delay scheduling of the polls, for which a full commission is required. As a result, the UPA government got more than three days to go on an advertising blitz announcing its achievements.

The fact that the BJP also benefited from the same was overlooked.

“ The President, after careful consideration of the report of the CEC, the government’s recommendation, constitutional provisions and the Supreme Court judgment, arrived at a considered opinion and has accepted the recommendation of the government,” Rashtrapati Bhawan spokesperson Archana Dutta said.

Gopalaswami had recommended the removal of Chawla on a petition by the BJP, which accused him of partisan functioning.

Legal experts were, however, divided on whether the CEC had the power to suo moto recommend the removal of a fellow election commissioner.

Battlelines were drawn between the Congress and the BJP as the saffron party reacted sharply to the UPA’s decision. “ It is an unfortunate decision for the country. The citizens also have right to know the details of the CEC letter, which is supposed to be a remark on the conduct of election commissioner Navin Chawla,” said BJP spokesperson Prakash Javadekar.

“ The UPA’s rule would be remembered as the government which played with constitutional bodies like the Supreme Court, the EC and the CBI for its political interest,” he added.

Backing the government’s decision, Congress spokesperson Veerappa Moily said the rejection was natural because the CEC’s decision was “ subjective arising out of his own judgement of the performance of his colleague”. He said Gopalaswami’s assessment was “ individualistic” and he could not take recourse to such drastic measures like maligning his colleague.

Congress general secretary Digvijay Singh said: “ The BJP has perfected the art of hurling allegations at functionaries of constitutional.” He said the Congress did not agree with the EC on many occasions, but it never said anything to lower its dignity.

A few days after the CEC’s recommendation, law minister H. R. Bhardwaj had said the controversy was not likely to affect Chawla’s career.

Hinting that Chawla will be the next CEC, Bhardwaj said the government’s policy entailed the senior- most election commissioner to take over as the CEC. “ Our policy continues to be the same,” he had said.

The government will begin the process well in time to appoint a new CEC, Bhardwaj said, adding that Gopalaswami’s successor will be announced before his retirement.