Did poll panel act in haste?

The unprecedented recommendation of the Election Commission (EC) asking BJP not to nominate Varun Gandhi for his hate speeches in Pilibhit has left experts divided on whether it was within the Commission’s power to do so.

The unprecedented recommendation of the Election Commission (EC) asking BJP not to nominate Varun Gandhi for his hate speeches in Pilibhit has left experts divided on whether it was within the Commission’s power to do so.

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While most legal experts have questioned the action, former Chief Election Commissioner (CEC) B.B. Tandon has come out in
support saying under the circumstances the order is “absolutely appropriate”.

But another CEC G.V.G. Krishnamurty raised doubts saying the EC has no jurisdiction to take such an action, as Varun is not a candidate under law before notification of election in the constituency.

The EC had de-franchised Bal Thackeray in 1998 after he was convicted for delivering a communally charged speech during a rally in 1987.

Holding Varun guilty of “throwing to winds” the Supreme Court advice to candidates, the EC said his speeches were dangerous and threatening to the survival of democracy and communal harmony.

In the light of these observations, senior lawyer Shanti Bhushan said Article 324 of the Constitution gives EC the power to hold free and fair election.