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I cannot act on my own: Tandon

Siddharth Narrain

Must await reference from President, says CEC in affidavit

NEW DELHI: Chief Election Commissioner (CEC) B. B. Tandon on Friday filed before the Supreme Court an affidavit on a pending writ petition challenging the suitability of Navin Chawla as Election Commissioner. He submitted that the CEC could not act on his own on such a complaint and must await a reference from the President.

In a separate affidavit, filed through its Secretary K. F. Wilfred, the Commission said it was only a pro forma party to the petition. Under Article 324(5) of the Constitution, the Commission did not have a role either in the appointment or removal of an Election Commissioner.

In his affidavit, Mr. Tandon said that when a complaint seeking the removal of an Election Commissioner was addressed to the President, the CEC would come into the picture only when the petition was referred to him for his recommendation.

In his writ petition, Bharatiya Janata Party leader Jaswant Singh asked the court to issue directions to the Centre to refer his March 16 memorandum to the President for a recommendation on the suitability of Mr. Chawla continuing as Election Commissioner in accordance with Article 324(5). Mr. Singh prayed for a direction to Mr. Tandon to take a definite decision on the memorandum and make available his recommendation to the President.

Mr. Tandon said he received a copy of Mr. Singh's memorandum through Vijay Kumar Malhotra, MP, on March 17 but did not receive any reference from the President and therefore could not act suo motu on it.

However, if the court directed the Centre to refer Mr. Singh's memorandum to him under Article 324, he would make appropriate recommendations to the President after "such enquiry as he deems necessary and called for in the matter," said Mr. Tandon.

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