Taking a diametrically opposite view to what his predecessor said, Chief Election Commissioner (CEC) N Gopalaswami on Monday informed the Supreme Court on affidavit that should he receive complaints or petitions against Election Commissioners, he could take suo motu action against them by virtue of powers vested in him by the Constitution.

This could have bearing on a memorandum from senior BJP leader Jaswant Singh, which challenges the appointment of Election Commissioner Navin Chawla and questions his neutrality, alleging that he is close to Congress leaders.

Former CEC B B Tandon had in June 2006 told the court that he could not act on the memorandum without a reference from the President.

Gopalaswami, on the other hand, told a bench headed by Justice Ashok Bhan that a CEC can exercise powers vested in him “under the second provision of Article 324 (5) of the Constitution” on receiving “information or petition filed before him by a political party or by any other person or body.” The idea, his affidavit says, is “to preserve and uphold the independence, impartiality, neutrality, integrity and dignity of the Election Commission.”

He cites two instances in which the CEC could act, and says that action could be taken following information received during the course of the EC’s functioning or on third-party representations.

But Gopalaswami does not explain the change of stance, although the court had sought an explanation in last week’s hearing.

The bench will take up the affidavit on Tuesday.