New Delhi: The Supreme Court on Monday issued notices to the Centre and Election Commission on a petition filed by a Samajwadi Party MP seeking removal of controversial Election Commissioner Navin Chawla.
The removal was sought on the ground that he would not able to discharge his duty impartially in view of several allegations of improprieties levelled against him.
The PIL filed by Chandra Bushan Singh has also sought interpretation of the term "office of profit" for disqualifying a person as a MP.
A Bench comprising Chief Justice Y K Sabharwal, Justice AR Lakshmanan and Justice C K Thakker tagged the petition with that of senior BJP leader Jaswant Singh in which he has also questioned the appointment of Chawla as EC.
Singh had filed the PIL after the President had referred a petition by over 200 NDA MPs seeking Chawla's removal to the government.
The MPs had sought his removal alleging misconduct on Chawla's part, his proximity to Congress and the donations received by a trust in which his family members were also part.
The SP leader has sought laying down criteria for the appointment of persons as ECs as these constitutional functionaries are vested with giving "binding opinions" to the President under Article 103 of the Constitution.
Maintaining that several petitions have been referred to the President for taking action under Article 103, the PIL has sought a direction that the EC should not proceed on any of the individual case relating to the disqualification of any MP on the ground that they are holding an office of profit.
The MP, who is also the Chairman of Parliamentary Joint Committee on office of profit, said before proceeding on those petitions, the EC should consult and obtain the view of the JPC.
While seeking removal of Chawla, the PIL contended that he was unfit to discharge his function as EC as the Shah Commission, which was constituted to investigate into the excesses committed during the emergency has given several findings against him.
The petition has said that a plot of land at Jasola in Delhi was allotted to Chawla for which contribution came from three Congress politicians - Ambika Soni, Karan Singh and A R Kidwai.
Besides a six-acre plot had been allotted to him by Jaipur Development Authority at a throw away price and the donations for construction of the building was made by two MPs from the MPLADS funds.
The SP MP alleged that the Lepra India Trust run by his wife Rupika Chawla received donations from Congress MPs.
The PIL alleged that if a person with such background was allowed to continue as EC it may result in subversion of the ethos and basic principles of the Constitution.
The petition said the partisan attitude of the EC was apparent from the fact that the notices have been selectively sent to the MPs on the ground that they are holding office of profits.
Comments
0 comment