Govt seeks dismissal of petition seeking action against Chawla

New Delhi, July 24 (UNI) The Central government today told the Supreme Court that the petition filed by former Foreign Minister Jaswant Singh seeking removal of Election Commissioner Navin Chawla, was not ''maintainable'' as well as ''politically motivated.'' ''No violation of the fundamental rights of the petitioner was involved and besides it was politically motivated,'' its counter-affidavit said.

According to the central government, the suitability and removal of an Election Commissioner, under the Constitution, are two distinct issues and the petition has proceeded on the incorrect legal premise that the President is obliged to obtain the recommendation of the Chief Election Commissioner in case allegations were made that an Election Commissioner was not suitable to be appointed.

The government's counter-affidavit further contends that an Election Commissioner is appointed by the President of India, on the aid and advice of the Council of Ministers. Thus appointments to the post of Election Commissioner or Chief Election Commissioner are made by the President on the recommendations of the Council of Ministers, and their removal cannot be affected by the President without the recommendation of the Council of Ministers.

The central government, seeking the dismissal of the petition -- which was due to come up for hearing today, argued that it ''was based on vague and general assumptions without having any legal basis.'' Mr Singh, a senior BJP leader, had sought directions to the President to refer their complaint, bearing signatures of 204 MPs of the NDA, to the Chief Election Commissioner for his advice on the continuation of Mr Chawla as Election Commissioner, under Article 324 (5) of the Constitution.

The complaint was referred by the President to the Law Ministry, who in turn, sought the advice of the Attorney General.

However, Attorney General Milon Kumar Bannerjee advised the government that all allegations against Mr Chawla were prior to his appointment as Election Commissioner and hence not relevant so far as his appointment and continuance as Election Commissioner was concerned.

Hence, no action was warranted against Mr Chawla.

UNI AKS/SC VD HS1741