BJP will approach poll panel against Navin Chawla

New Delhi: The BJP on Tuesday on withdrew its petition in the Supreme Court for removing of Election Commissioner Navin Chawla and will now appeal to the Chief Election Commissioner (CEC).

BJP leader Jaswant Singh and Samajwadi Party MP Chandra Bhushan Singh withdrew their petitions after the CEC told the court he had the power to take action against his colleague.

The CEC, in an affidavit, said under Article 324 of the Constitution he can take action if there were "valid" reasons and under "given facts and circumstances."

The Centre though disagreed with the CEC and argued that it alone can take action against Chawla. "This is a peculiar case where the CEC has filed an affidavit. The petitioners, after withdrawing their petitions, will file a fresh representation before CEC," Additional Solicitor General (ASG) Gopal Subramanium said and pleaded that the government's stand should be heard first.

Refusing to entertain government's contention, the Bench said "we are not deciding the issue whether CEC has the power or not. We cannot stop anybody from filing the representation before CEC but you can challenge the decisions taken by CEC."

The CEC, in his affidavit, said under Article 324 of the Constitution, he can initiate action against Election Commissioner if there were "valid" reasons and under "given facts and circumstances."

The Bench declined to entertain Centre's plea that the matter be heard at length and it should be allowed to file its response on the CEC's stand.

"The point whether he (CEC) has the power or not is not an issue before us and we are not going to adjudicate on the matter," the Bench held while allowing the two leaders to withdraw their petitions.

The CEC justified the stand of his predecessor, B B Tandon, that he could not have acted on the petition for removal of Chawla filed by NDA MPs because it was addressed to the President.

Subramanium had contended that all the three members of the Election Commission were on par. "Right from Gill, Lyngdoh, Krishnamurthy, Tandon that position has been going on," the ASG said.