Author: Pioneer News Service
Publication: The Pioneer
Date: June 25, 2006
Chief Election Commissioner (CEC) BB Tandon's
response to the Supreme Court has come as a shot in the arm for the Bharatiya
Janata Party which, on Saturday, demanded that the Centre forward its petition
seeking removal of Election Commissioner Navin Chawla to CEC without waiting
for the Supreme Court's clearance.
Responding to the new development in the case,
BJP spokesperson Prakash Javadekar said, "If the CEC is willing to give
his recommendations, the Government should act without waiting for specific
directions from court and allow him to go ahead."
Tandon, in his reply to SC, stated he was willing to make such enquiry "as
called for in the matter" if the court directs the Centre to refer the
memorandum filed by the petitioner and BJP leader Jaswant Singh to him.
As many as 205 MPs of the NDA had signed a memorandum to the President, challenging
Chawla's continuation as Election Commissioner. There were reports over his
alleged links with Congress MPs, saying he received donations from the Local
Area Development Fund of Ambika Soni, Karan Singh and AR Kidwai for a private
Trust run by wife Rupika Chawla.
Besides, a six-acre plot had been allotted
to him by the Jaipur Development Authority at a throwaway price and the donations
for construction of the building was made by two MPs from their MPLAD funds.
"The Government should not delay and ask Tandon to give his recommendations
immediately," Javadekar said. Following news reports, the party had raised
objections against Chawla's continuation, saying he would not discharge his
duties in a fair and unbiased manner. The party was forced to bring its plea
to Supreme Court after the Centre gave a clean chit to Chawla on the ground
that allegations against him pertained to the period before he assumed the
post of Election Commissioner.
The BJP had criticised the method adopted
by the Centre in denying the CEC an opportunity to place his opinion on record.
It claimed that the Government, in consultation with Attorney General Milon
Bannerjee, decided to forgo with the CEC's opinion, which is mandatory under
the scheme of Constitution provided under Section 324.
In his affidavit, Tandon stated that under the "scheme of Constitution
and the interpretation accorded by Supreme Court," the CEC is bound to
provide its recommendation on a reference received from the President. In
this case, he said, "the CEC cannot suo moto act on the said memorandum
without a formal reference from the President." However, he added, "if
the Supreme Court is pleased to direct the Centre to refer the memorandum
to CEC under Article 324 of the Constitution, the CEC will make his appropriate
recommendation to the President."
