SC notice to Govt, poll panel on Chawla

The bench directed listing of the petition for further hearing after eight weeks.

The Supreme Court on Monday issued notice to the central government and the Chief Election Commissioner on a petition questioning the propriety of Navin Chawla continuing as election commissioner.

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A vacation bench consisting of judges Arijit Pasayat and RV Raveendran issued notice to the centre on the petition by Jaswant Singh, the leader of the opposition in the Rajya Sabha, seeking a direction to it to refer to the Chief Election Commissioner a memorandum from 205 MPs against Chawla's continuance in the post.

After hearing senior counsel Soli Sorabjee and Arun Jaitley, the bench also issued notice to the election commission, Chief Election Commissioner BB Tandon and Chawla seeking their response in four weeks and rejoinder, if any, in three weeks.

The bench asked the government that, along with the counter-affidavit, it should file in a sealed cover the opinion said to have been given by Attorney General Milon General to it on this issue.

The bench directed listing of the petition for further hearing after eight weeks.

Jaitley argued that since Tandon was due to retire on June 30, he should also be directed to give his opinion in a sealed cover. The bench, however, said, "It is up to the Chief Election Commissioner to give his opinion or file a reply."

The bench gave liberty to Jaitley to file appropriate application before Tandon's retirement if his reply did not contain any opinion on the issue.

The petitioner contended that 205 MPs had submitted a memorandum to President APJ Abdul Kalam seeking the removal of Chawla from the post of election commissioner. The memorandum had been forwarded to the government and it had sought an opinion from the attorney general.

The MPs' move followed media reports that alleged the Congress party had donated funds to various trusts Chawla was associated with.

The petition alleged that the government was trying to block the constitutional process of removal of an election commissioner for misconduct as envisaged under Article 324 (5) of the constitution.

The government's action of referring the matter to the attorney general was arbitrary and unconstitutional, it was argued.

Jaitley sought a direction to the government to refer the matter to the Chief Election Commissioner and a direction to him to give his opinion as envisaged under Article 324 (5) of the constitution.

According to this article, an election commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.