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Counsel: CEC can recommend action against Commissioner

Legal Correspondent

Supreme Court Bench hears submission in Navin Chawla case

New Delhi: The Chief Election Commissioner has the power to recommend action against another Election Commissioner for misconduct, Meenakshi Arora, counsel for the CEC, submitted in the Supreme Court on Thursday.

She made this submission before a Bench consisting of Justices Ashok Bhan and V.S. Sirpurkar hearing petitions challenging the appointment of Navin Chawla as Election Commissioner. The petitioners had contended that the complaint submitted to President A.P.J. Abdul Kalam ought to have been referred to the Chief Election Commissioner for his opinion and the complaint should not have been referred to the Council of Ministers for its opinion.

On Wednesday, the Bench wanted to know from counsel whether the CEC had the independent jurisdiction and powers to take action against the Election Commissioners even in the absence of a reference from the President.

On Thursday, counsel informed the Bench that the CEC had suo motu power to recommend to the President about misconduct by Election Commissioners and he could also act on a specific complaint on the issue given to him. (According to Article 324 (5) of the Constitution, an Election Commissioner shall not be removed except on the CEC’s recommendation). She told the Bench: “The CEC believes that he does have the power in a given circumstance if a representation was directly made to him to recommend the removal of Election Commissioner.”

When the Bench said that it would dispose of the petitions in view of the CEC’s stand, Additional Solicitor-General Gopal Subramaniam, appearing for the Centre, said he would seek instructions from the Government.

He said, “[the] CEC is intended to be a safety valve in extreme cases only.” Mr. Subramaniam said that in this case, the petitions only speak about Mr. Chawla before he became the Election Commissioner and there was no allegation against him after he assumed the office. However, the Bench said that “even the conduct of the past can be considered before making an appointment as here a question of moral turpitude arises.”

The Bench then asked the CEC’s counsel to file an affidavit and adjourned the hearing to August 7.

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