By Rakesh Mohan Chaturvedi, IANS
New Delhi : While the Bharatiya Janata Party (BJP) and the Congress spar over the continuance of Election Commissioner Navin Chawla in office, former top officials of the poll panel have expressed concern over the erosion of the institution’s reputation.
The Election Commission of India is one of the few institutions that enjoy complete autonomy and is insulated from any kind of executive interference. Its effectiveness in conducting impartial, free and fair polls over the years has won it plaudits.
But now its impartiality seems to be under a cloud with the two largest political parties fighting over the appointment of Chawla, whom the opposition BJP considers too close to the ruling Congress alliance.
Former chief election commissioner J.M. Lyngdoh, credited with carrying out elections in Gujarat in 2002 under trying conditions, feels the poll panel’s credibility has been affected by the ongoing controversy.
“Naturally, the credibility is affected when such issues are raised. Political parties should not question institutions like the Election Commission,” Lyngdoh told IANS.
“The parties fasten on to some issue or the other to dent the credibility of the poll panel. Institutions like the commission should be above all this.”
Former election commissioner G.V.G Krishnamurthy said: “The issue is not whether Chawla continues in office or not. I am bothered about the institution. Its reputation should not be besmirched.”
This is not the first time that the BJP has taken on Chawla.
Two years ago the party demanded his resignation after reports that he had allegedly accepted money from several Congress MPs for trusts run by him and his family members.
Last week BJP general secretary Arun Jaitley approached Chief Election Commissioner N. Gopalaswamy demanding Chawla’s removal, saying he was well within his rights to do so under Section 324 (5) of the constitution.
To counter any such move, the government is planning to ready in a cabinet note designed to bring the two election commissioners on a par with the chief election commissioner.
Chawla is widely tipped to take over as the poll panel chief when Gopalaswamy retires in April 2009. Party insiders told IANS that the BJP was apprehensive of going to the next Lok Sabha polls with Chawla at the helm as it feels he may favour the Congress.
“Political parties have earlier accused election commissioners of partiality or being biased towards one political party or the other,” says K.J. Rao, a former advisor to the Election Commission who acted tough to ensure free and fair polls in Bihar in 2006 and weeded out bogus names in the electoral rolls in West Bengal.
Rao cited an interesting case in 2004 where a Karnataka cadre officer was appointed as poll observer for Bihar by the Election Commission but blamed the poll panel for working against the Congress.
“I personally feel that institutions like the Election Commission should not be targeted like this.”
Constitutional experts also believe that grievances against an election commissioner should be backed by material evidence instead of mere haranguing.
“It tends to affect the credibility of the Election Commission. This will have a bad impact in the long run,” says constitutional expert P.P. Rao.
He points out that if the chief election commissioner recommends the removal of Chawla to President Pratibha Patil, she will have to refer it to the union cabinet and abide by its opinion.
“Since the Congress-led government will not recommend Chawla’s removal, the whole exercise will only affect the Election Commission’s reputation further,” said another former election commissioner on condition of anonymity.
Krishnamurthy believes that the chief election commissioner and the election commissioners are equal and hence an amendment in law is not required. To buttress his argument, he cites an example where he and his former colleague, M.S. Gill disagreed with then chief election commissioner T.N. Seshan over the allotment of the hand symbol.
“Both Indian National Congress (INC) and the breakaway N.D. Tiwari group were contesting the right to use the ‘hand’ symbol. While Seshan wanted to cancel the symbol and allot fresh ones to both the parties, both of us ruled that the Congress could continue with the symbol.”
Lyngdoh, however, differed with this view.
“Since the appointment of election commissioners is not permanently fixed and the number of election commissioners to be appointed can also change, it is important to realise that they are not equal to the chief election commissioner. Only when this is decided can the question of equality arise,” he said.