SC cannot direct EC to act on representation

New Delhi, Aug 1 (UNI) The Supreme Court today made it clear that it cannot direct the Election Commission of India to act on a representation and it was for the Election Commission to decide whether to act or not on a representation.

A bench comprising Justices Ashok Bhan and V S Sirpurkar made the observation during the hearing of a petition filed by former Union Minister and senior BJP leader Jaswant Singh seeking the removal of Election Commissioner Naveen Chawla.

Senior Counsel Arun Jaitley, appearing for an MP Chandra Bhushan Singh, told the court that a representation signed by 205 NDA MPs must be referred to the Chief Election Commissioner for his opinion, as he is the only authority, who can recommend the removal of an Election Commissioner.

Mr Jaitley also contended that as per its Article 324(5),the Indian Constitution envisaged no role for an executive and the main aim of the Article was to protect the independence of the Election Commission, which formed a part of the basic structure of the Constitution.

The interpretation must be for strengthening the independence of the Election Commission and not to make it subservient to the Government of the day.

Mr Jaitley also pleaded that the opinion of the Chief Election Commissioner is vital but not binding on the Government and no allegations of bias can be made against the Chief Election Commissioner, who is the only Constitutional Authority to decide on the issue of removal of an Election Commissioner. However, the decision of the Chief Election Commissioner is subject to judicial review.

Additional Solicitor General Gopal Subramanium, however, contended that the Union Cabinet or the Government has the power to decide whether the complaint deserves to be referred to the President of India or not and the Government cannot be shunted out from the decision making process, when a representation is made against an Election Commissioner.

The representation made by the 205 NDA MPs was never referred to the Chief Election Commissioner for his opinion by the then President A P J Abdul Kalam, who instead referred it to the Union Government.

The petitioner is seeking the removal of Naveen Chawla because of his partisan role and his close association with the Congress, besides and the reason that Chawla was indicted by the Justice Shah Commission for emergency excesses.

The petitioner has alleged that Congress MPs, including Union Minister Ambika Soni, have been contributing from the MPLAD Scheme Funds to a trust run by Chawla's family members, including his wife Rupika Chawla.

The hearing will continue tomorrow.

UNI