Indian Govt virtually rejects CEC`s recommendation

New Delhi, Feb 2 (PTI) Government Monday virtually
rejected the recommendation of Chief Election Commissioner
(CEC) N Gopalaswami for removal of his colleague Navin Chawla
and hinted at making the Election Commissioner as the next
CEC.

Law Minister H R Bhardwaj said the government had a
policy to have the senior most Election Commissioner as the
CEC and "our policy continues to be the same."

Describing the present controversy as "unfortunate",
Bhardwaj said it should not effect Chawla's career as
appointments in the Election Commission are based on merit.

"We will begin the process to put in place a new CEC well
in time" so that the name of Gopalaswami's successor is clear
before he retires on April 20, Bhardwaj said.

"Gopalaswami should do his work in EC and not become a
political boss," he told PTI on the sidelines of a conference
here.

"It is rather unfortunate that when the country is
preparing for general elections, such a controversy has been
sparked off by him (CEC)," Bhardwaj said, clarifying that a
suo motu recommendation by the CEC to the president for
removal of a commissioner cannot be done.

The CEC has caused "embarrassment" with his comment on
his colleague because they (all election commissioners) are
equals, he said.

The Election Commission should be preparing the election
rolls but it's unfortunate that he (CEC) has sparked off the
controversy, he said.

"The CEC has no Constitutional authority to embarrass or
comment upon his own colleague because they are all equals, he
is only the administrative head of the Election Commission and
he is not the boss," the minister said.

They are paid equal salaries, their status is equal and
they are complementary to each other, he said.

"It is a surprising way of saying that I (CEC) am the
authority to recommend. His authority flows from the President
and his opinion is sought on matters related to removal of an
Election Commissioner. If the President asks for his opinion
he can give. If he (president) does not ask how can he (CEC)
say?" questioned the law minister.

"It is unfortunate that a person of such high rank and at
the end of his office has made such a reaction and, thus,
troubled the good name of the Election Commission," he said.

Noting that the country was moving towards the general
election, he said the main work of the EC was to prepare
voters' list. "It is unfortunate that the controversy has been
started at such a time," he said.

The Law Minister said the President is the appointing and
the removing authority for Election Commissioner members under
the Constitution. "The role of CEC is as a measure of
protection, if the government wants to remove and Election
Commissioner, then CEC's opinion is sought," he said.

He said the file on the matter reached his office two
days back and law secretary T K Viswanathan is studying it.

He indicated that he himself would also analyse the
matter and the government's stand on the issue is likely to be
firmed up very soon. "There is a (CEC's) letter with some
papers and it will be disposed off," he said.

The internal tussle within the Election Commission has
been going on ever since Chawla was appointed, "the EC's role
is to prepare electoral rolls and not to settle scores".
PTI