Author: Dharmendra Jore
Publication: Hindustan Times
Dated: April 11, 2006
The Maharashtra government's battle with state
election commissioner Nandlal over electoral duties has turned into a constitutional
standoff. The government has fired the latest salvo by getting the assembly
to pass a breach of privilege motion against Nandlal. The charge: Encroaching
upon the legislature's right to authorise elections for heads of local government
bodies.
Speaker Babasaheb Kupekar admitted the motion
moved by Congress MLA Janardan Chandurkar on Monday. The response to it was
mixed: while the NCP supported the motion, the Shiv Sena opposed it; the BJP
maintained a studied silence.
The bone of contention is an order issued
by Nandlal on March 7, asserting that the commission would not just conduct
polls for representatives to local bodies but also the election of their heads,
such as mayors and zilla parishad presidents. This was considered a trespass
on its rights by the government, which has been handling elections for heads
of local bodies so far.
Chandurkar contended that Nandlal couldn't
assume such control because the government has been authorised by the legislature
to conduct such polls. "I want the assembly to try Nandlal as an accused,"
he said.
The speaker has asked the special privileges
committee to submit its report during the next legislative session.
Nandlal insisted he was in the right. "My
orders are to properly implement existing laws. I haven't breached any privilege,"
he told HT. He said the government had delayed many elections, violating legal
provisions. "In any case, there can't be a breach of privilege against
me because I'm a constitutional authority. I won't respond to the legislature's
notice," he declared.
STANDOFF
State government feels Nandlal is trying to usurp its powers by conducting
elections for heads of local government bodies.
It believes that the election commission can
'only conduct polls for people's representatives.
The result: A constitutional deadlock.
