In a far-reaching verdict, the Supreme Court on Thursday ruled that the appointment of the Chief Election Commissioner and the election commissioners will be done by the President on the recommendation of a committee, comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the CJI, to maintain the "purity" of the electoral process.
A bench of justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih told the petitioners, who pointed out that a meeting for the selection of ECs was pre-poned, to file a separate application pointing out the fact.
However, there is no official word on the status of the controversial recommendation of the CEC for the removal of Election Commissioner Navin Chawla, though Law Minister H R Bhardwaj has rejected it and had indicated that Chawla will be the next CEC.
Union Law Minister H Bharadwaj on Monday slammed Chief Election Commissioner N Gopalaswami for 'overstepping his powers' by recommending the removal of Election Commissioner Navin Chawla to President Pratibha Patil."The CEC overstepped his powers. His allegations are unfortunate. He cannot behave like a political boss," Bharadwaj told mediapersons in New Delhi on Monday. He added that Chawla will take over as the next CEC once Gopalaswami demits office on April 20.
Constitutional experts on Saturday attacked Chief Election Commissioner N Gopalaswami's decision to suo motu recommend removal of Navin Chawla as Election Commissioner, saying the move has created a 'crisis' and its timing just ahead of the elections could make people believe there is 'some motivation'.
The Bharatiya Janata Party government has begun the search for the new chief election commissioner when the present incumbent V S Sampath demits from office on January 15, 2015.
The commission said enforcement authorities have seized Rs 4,650 crore even before polling begins for the Lok Sabha elections and it is the "higher than total seizures" made in the 2019 polls
Chief Election Commissioner N Gopalaswami, who has been in the eye of the storm after recommending the removal of Election Commissioner Navin Chawla, is currently on a one-week leave to visit various pilgrimages in Gujarat. During his trip, the CEC is scheduled to visit Somnath, Dwarka and Gandhi Nagar. Gopalaswami, an Indian Administrative Service officer from the Gujarat cadre, speaks the native language fluently and considers the state his second home.
"I am right", Chief Election Commissioner N Gopalaswami said on Sunday, unfazed by the sharp criticism to his recommendation for the removal of Election Commissioner Navin Chawla for "partisan" functioning.
ICC introduces stop clock in men's ODI and T20Is, five-run penalty on third offence
For the sake of neutrality of the Chief Election Commissioners and Election Commissioners, CEC N Gopalaswami wants a bar on their joining any political party for ten years after retirement or taking up any government post. In a three-page note to President Pratibha Patil sent on January 16 when he separately recommended removal of Election Commissioner Navin Chawla, he has sought amendment in the Election Commission Act for the purpose.
The CEC's letter to the President recommending Chawla's removal is just two pages long while he has dealt with 12 specific cases of partisanship in another 24 pages and annexed more than 800 pages of the Election Commission minutes, internal correspondence, etc in support of the case he has built up.
"We have submitted a petition to the CEC as per the directions of the Supreme Court seeking removal of Navin Chawla, as he has been favouring a particular party in his decisions," Arun Jaitley said.
The system of 'selecting' an election commissioner, which is before the Supreme Court, must be institutionalised.
The three main political parties in Pakistan on Sunday intensified their efforts for the formation of a coalition government after it became clear that the coup-prone country faced a hung Parliament after general elections marred by allegations of rigging.
The apex court raised the ceiling limit of iron ore mining from 28 MMT to 35 MMT for Ballari district, and from 7 MMT to 15 MMT for Chitradurga and Tumkur districts.
The Election Commission would launch a drive from March 1 to link Aadhaar number with electoral rolls
'The collegium system will remove any such doubts from the minds of people and the political parties.'
In a curious case of the right hand not knowing what the left is doing, the Law Ministry has released the letter written by former Chief Election Commissioner N Gopalaswami to the President seeking removal of fellow Election Commissioner Navin Chawla while the Rashtrapati Bhawan had declined to make the document public.
Asked about the timing of his move against Chwala, CEC Gopalaswami said, "This argument regarding timing is unfair. I was dictated by circumstances. It was not a deliberate decision. I had to wait till the Karnataka elections get over. He (Chawla) took five months to reply to me. For one month he went on leave. I have taken only one and a half months to prepare my opinion once I got his (Chawla's) response (to the charges made against him)."
The former information commissioner, who is known for his pro-transparency orders in several high-profile cases, said the proposed changes "seriously undermine" the autonomy of information commissions.
The Anil Kumble-led cricket committee's recommendations were announced by the ICC's on Tuesday.
Alleging that the Chief Election Commissioner's controversial recommendation for removal of his colleague has eroded the credibility of the poll body, the Communist Party of India-Marxist on Friday claimed the CEC himself has violated the independence of the Election Commission.
With Chief Election Commissioner N Gopalaswami recommending the removal of his colleague Navin Chawla, the Bharatiya Janata Party on Saturday demanded "firm action" on the issue saying the "credibility" of the poll panel is "at stake".
'All I can say is that there is a disparity between the removal procedures of the chief election commissioner and other election commissioners as may be seen from the provisions of the Constitution. Everybody is free to interpret it on the basis of what is already there in the Constitution. But how it is to be interpreted is a matter which can be decided only by a court, perhaps,' ex-CEC T S Krishnamurthy said.
CEC gives views on Chawla debacle
"The Commission strongly feels that so long as the provisions of Article 324 (5) stands as they are, recurrence of episodes of the nature described above cannot be ruled out in future, against bringing into serious disrepute and shaking the confidence of the millions of citizens in the integrity and neutrality of the Commission," Chawla said in the letter.
Strange that the Law Ministry acted as the legal adviser to Chawla who sought its opinion on the explanation sought by CEC N Gopalaswami and now its minister claims that the CEC has no powers to recommend an election commissioner's removal unless asked for by the President, BJP spokesman Ravi Shankar Prasad asserted. The Congress was, however, quick to rubbish the BJP charge of the nexus between Bhardwaj and Chawla.
Chronological order of events leading up to Chief Election Commissioner N Gopalaswami recommending the removal of Election Commissioner Navin Chawla.
It all started to go from bad to worse when controversial former All India Football Federation (AIFF) president Praful Patel, whose third term in office ended in December 2020, stayed in office citing a pending Supreme Court case.
The newly appointed Director General of Police of Maharashtra S S Virk, who was once removed by the Election Commission as Punjab police chief, will be kept off election duty, the central poll body said on Sunday.
The Election Commission on Thursday justified the decision to deny permission to Narendra Modi's rally in Varanasi city and came to the defence of the district magistrate whose removal is being demanded by the Bharatiya Janata Party.
The confrontation between the Election Commission and the West Bengal government escalated by a few notches on Tuesday, with Chief Election Commissioner V S Sampath asking West Bengal Chief Minister Mamata Banerjee to transfer five superintendents of police and one district magistrate (North 24-Parganas) by 2.30 pm on Tuesday, after Opposition parties complained against these officers and accused them of being biased.
'We are seeing an era where only what Modi wishes is going to happen.' 'A clear message has now been sent to others that if this fate could befall on Nitin Gadkari, then just think what could happen to lesser mortals.'
A Trinamool Congress delegation met the Election Commission (EC) on Friday and demanded a high-level probe into an alleged attack on West Bengal Chief Minister Mamata Banerjee in Nandigram and claimed it was not an 'unfortunate incident', but a conspiracy.
The Election Commission may cancel or postpone Lok Sabha polls in certain West Bengal constituencies if Chief Minister Mamata Banerjee refuses to abide by its order to transfer eight state government officials.
On a day Ashok Lavasa's decision to recuse from model code of conduct complaints became public, the EC said the 'full commission' would meet on May 21 to discuss the issue of dissent and 'related matters'.
Election Commissioner Navin Chawla, whose removal was recommended by Chief Election Commissioner N Gopalswami on Saturday, appeared to be in a combative mood, saying the 'dignity' of the constitutional body is "paramount".
Assembly polls in Andhra Pradesh, Arunachal, Odisha and Sikkim will also be held simultaneously, the Election Commission said.
A major controversy erupted on Wednesday with the Bharatiya Janata Party threatening a showdown with the Election Commission after Narendra Modi was denied permission for holding a rally in a crowded area in Varanasi on Thursday.
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