Naveen Chawla controversy: CEC files his reply in SC

New Delhi, June 23 (UNI) The Chief Election Commissioner (CEC) has filed his reply to the petition by former External Affairs minister and senior BJP leader Jaswant Singh which is signed by 204 NDA MPs in the Supreme Court seeking removal of the Election Commissioner Naveen Chawla on account of his alleged murky antecedents.

The CEC in his response has pleaded that till date the opinion of the CEC has not been sought either by the President of India A P J Abdul Kalam or the Central government and that the CEC would give his opinion on the issue when it is sought by the authorities concerned.

CEC B B Tandon in his counter affidavit has pleaded that EC is appointed by the President and can be removed only by the President on the recommendations of the CEC as Article 324(4) of the Constitution of India.

The complaint dated March 16,2006 has not been referred to the CEC and till the complaint is referred to the CEC, he has no role to play and must await the reference of the complaint to him.

Mr Singh is seeking directions from the apex court to the President of India to refer the complaint to the CEC for his opinion about the propriety of continuation of Mr Chawla as EC as per the provisions of the Constitution.

The President had referred the complaint to the Union Government who in turn sought the opinion of the Attorney General of India Milon K Banerjee who opined that since the allegations related to the period when Mr Chawla was not the EC, therefore there was nothing wrong in Mr Chawla continuing as EC.

According to the petitioner, Mr Chawla was indicted by the Shah Commission appointed for inquiring into the excesses committed during emergency.

Jaswant Singh in his petition has also alleged that Congress MPs have contributed from their MPLAD scheme funds to the trusts being run by the family members of Mr Chawla including his wife Rupika Chawla. According to the petitioner a man with such credentials should not be allowed to continue to hold a statutory post. Mr Singh has prayed to the court for directions to the President of India to refer the complaint to the CEC for his opinion as CEC is the only competent authority to remove an EC.

No action had been taken by the government till date on the complaint of the petitioner which was filed on March 16, 2006.

UNI AKS/SC RP VV1945