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EC in bind over Chawla expose New Delhi, February 7 The Election Commission, a creation of the Constitution, is believed to have considered the issue arising out of the social welfare trusts run by Mr Chawla and his wife Rupika Chawla which have received funds from politicians coupled with special waiver of rules from the Union Government pertaining to civil servants. Vested with the conduct, superintendence and control of elections in the country, the Election Commission finds itself caught in a cleft situation with Mr Chawla’s conduct under the scanner. It is unlikely that the Election Commission will take any perceptive action at this juncture even as the Opposition with the BJP in the vanguard is demanding that Mr Chawla put in his papers. Certain smaller Left parties also believe that Mr Chawla should make his exit as an Election Commissioner on moral grounds and a proper inquiry should be conducted into the matter of certain politicians making available funds for his trusts from the MPLAD Scheme. The Opposition is already gearing up its loins to raise the Chawla issue and other matters in the upcoming Budget Session of Parliament beginning on February 16. They have made their intention clear of also meeting President A.P.J. Abdul Kalam on his return from a three-nation tour and submitting a memorandum to him in this regard. If such a complaint is referred by the President to the Chief Election Commissioner, the constitutional body will be compelled to respond. In undertaking this exercise, the Election Commission might seek the views of the Attorney-General and other legal and constitutional experts in formulating its response. Article 324 of the Constitution deals with the appointment and removal of Chief Election Commissioner and Election Commissioners. And Article 324 (5) states: “Subject to the provisions of any law made by Parliament, the conditions of service and tenure of the office of the Election Commissioners and Regional Commissioners shall be such as the President may by rule determine. “Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment. “Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.” The Manmohan Singh government had appointed Mr Chawla as Election Commissioner in May last year just before his retirement from the IAS. Customarily before any such appointment, various agencies of the government go through the proposed appointee’s background and antecedents with a tooth comb. It is learnt that these agencies had expressed reservations about Mr Chawla’s appointment as an Election Commissioner both in respect of funds from politicians in the form of donations from their MPLADS for his trusts and waivers accorded to him while serving as a bureaucrat.  |
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