The Supreme Court on Thursday asked the Election Commission to make it clear whether its chief can suo motu recommend the removal of an Election Commissioner following a representation against him. The court was hearing petitions challenging the appointment of Navin Chawla as Election Commissioner.

After EC’s counsel said “the CEC believes that he does have the power in a given circumstance if a representation was directly made to him to recommend the removal of an Election Commissioner”, the apex court asked the poll panel to file an affidavit in this regard.

“If this stand of EC becomes clear, the matter will come to an end and we will dispose of the petitions,” a Bench of Justices Ashok Bhan and V S Sirpurkar said.

However, when Additional Solicitor General Gopal Subramanium expressed his reluctance to accept this view, the Bench allowed him to seek Government’s instructions.

“It is an important constitutional matter. I have to argue...,” the ASG said, expressing his reservation against the view that the CEC, on a direct representation against the EC, can make a recommendation.

“The matter cannot be disposed of. My concern is that the CEC is intended to be a safety valve for purpose of removal (of an EC) in extreme cases only,” Subramanium said.

He said in this case, the petitions only speak about Chawla before he became the Election Commissioner and there was no allegation against him after he assumed the office.

However, the Bench said “even the conduct of the past can be considered before making an appointment as here a question of moral turpitude arises”.

... contd.