PTI
New Delhi, Feb 2: Government on Monday virtually rejected the recommendation of Chief Election Commissioner N Gopalaswami for removal of his colleague Navin Chawla and hinted at making the election commissioner (Chawla) the next CEC.
Law minister H R Bhardwaj said the government had a policy to have the senior-most election commissioner as the CEC and "our policy continues to be the same."
Describing the present controversy as "unfortunate", Bhardwaj said it should not affect Chawla's career as appointments in the Election Commission are based on merit.
"We will begin the process to put in place a new CEC well in time" so that the name of Gopalaswami's successor is clear before he retires on April 20, Bhardwaj said.
"Gopalaswami should do his work in EC and not become a political boss," he said on the sidelines of a conference here.
"It is rather unfortunate that when the country is preparing for general elections, such a controversy has been sparked off by him (CEC)," Bhardwaj said, clarifying that a suo moto recommendation by the CEC to the president for removal of a commissioner cannot be done.
The CEC has caused "embarrassment" with his comment on his colleague because they (all election commissioners) are equals, he said.
The Election Commission should be preparing the election rolls, not setline scores, but it's unfortunate that he (CEC) has sparked off the controversy, he said.
The CEC has no Constitutional authority to embarrass or comment upon his own colleague because they are all equals, he is only the administrative head of the Election Commission and he is not the boss," the minister said.
They are paid equal salaries, their status is equal and they are complementary to each other, he said. "It is a surprising way of saying that I (CEC) am the authority to recommend. His authority flows from the President and his opinion is sought on matters related to removal of an Election Commissioner. If the President asks for his opinion he can give. If he (President) does not ask how can he (CEC) say?" questioned the law minister.
"It is unfortunate that a person of such high rank and at the end of his office has made such a reaction and, thus, troubled the good name of the Election Commission," he said.
Noting that the country was moving towards the general election, he said the main work of the EC was to prepare voters' list. "It is unfortunate that the controversy has been started at such a time," he said.
The law minister said the President is the appointing and the removing authority for election commissioner members under the Constitution. "The role of CEC is as a measure of protection, if the government wants to remove an election commissioner, then CEC's opinion is sought," he said.
He said the file on the matter reached his office two days back and law secretary T K Viswanathan is studying it.
He indicated that he himself would also analyse the matter and the government's stand on the issue is likely to be firmed up very soon. "There is a (CEC's) letter with some papers and it will be disposed off," he said.
The internal tussle within the Election Commission has been going on ever since Chawla was appointed, "the EC's role is to prepare electoral rolls and not to settle scores".