New Delhi: Union Law Minister HR Bhardwaj has backed Election Commissioner Navin Chawla in his battle with Chief Election Commissioner N Gopalaswami.
Bhardwaj's statement in support of Chawla and asking Gopalaswami to "do his work in EC and not become a political boss" is a clear indication that the Union Government has decided to reject the CEC’s recommendation to President Pratibha Patil for the removal of Chawla as Election Commissioner.
"Gopalaswami should do his work in EC and not become a political boss. The CEC's power is only to conduct to free and fair elections and he should work in cooperation with his colleagues," the minister said.
CEC should not act like 'political boss': Law Minister
"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. They are paid equal salaries, their status is equal and they are complementary to each other," the minister 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?" the law minister asked.
Bhardwaj said he had received a file on the matter. "I have to see what is new in the matter," he said, adding the internal tussle within the Election Commission has been going on ever since Chawla was appointed as Election Commissioner.
Chawla: Why should I resign?
The minister also said that after Gopalaswami retires on April 20, Chawla would be the CEC as per precedent. He said the government had a policy to have the senior most Election Commissioner as the CEC and "our policy continues to be the same”.
"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 motu 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.
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