The battle concerning the fate of Election Commissioner Navin Chawla will now be fought before Chief Election Commissioner (CEC) N Gopalaswami. Senior BJP leader Jaswant Singh and Samajwadi Party leader Chandra Bhushan Singh today withdrew their petitions challenging Chawla’s appointment in the Supreme Court.

A Bench headed by Justice Ashok Bhan dismissed as withdrawn the petitions filed by the two leaders. The directive came after the Bench perused an affidavit filed on behalf of the CEC that brought on record the changed stance of the Commission. Unlike former CEC B B Tandon, Gopalaswami told the court that he, in exercise of his suo motu powers, can initiate action against an Election Commissioner.

The CEC’s affidavit also clarified the stand taken by Tandon, saying that he could not act on the petitions for removal of Chawla filed by the BJP and SP MPs because it was addressed to the President.

In the face of this affidavit, the court allowed the two leaders to withdraw the petitions. In its order, it clearly said, “The questions raised before us, however, are left open. It would be up to the CEC to decide them in accordance with the law, if any representation is made before him.”

Strongly opposing the CEC’s stand, Additional Solicitor-General Gopal Subramanium said the Centre can proceed to take action against the Election Commissioner. “This is a peculiar case where the CEC has filed an affidavit. The petitioners, after withdrawing their petitions, will file a fresh representation before the CEC,” he remarked, while pleading that the stand of the Government should also be heard on this issue.

... contd.