New Delhi: The Bharatiya Janata Party (BJP) on Saturday said the recommendation of Chief Election Commissioner N Gopalaswami for the removal of his colleague Navin Chawla from the poll panel is binding on the government.
As per the Constitution, the CEC has the power to recommend removal of any member from the panel, senior party leader Arun Jaitley said in New Delhi on Saturday.
"Central government has no discretion in this matter. It is bound by this recommendation," Jaitley said.
He said there are allegations that Chawla suffers from political bias.
"He has bias in favour of ruling party that comprises the Central government. The beneficiary of the bias cannot adjudicate the existence of the bias," he said.
"This has to be adjudicated by an independent Constitutional authority. That authority has been provided in the Constitutions as CEC," Jaitley said.
Earlier BJP spokesperson Rajeev Pratatp Rudy demanded President's intervention into the matter and said that the party has demanded Chawla's dismissal on many occasions.
"The EC is mired in controversy in the backdrop of the upcoming General Elections. The EC would become a suspect in the interest of Constitution and democracy. The President should intervene and take action for the removal of Naveen Chawla," demanded Rudy.
However, Congress General Secretary Digvijay Singh criticised the BJP for politicising the issue and said there was no reason for Chawla to resign
"Chief Election Commissioner and commissioners have to be above suspicion. So no party should cast aspersions. It is unfortunate that BJP is doing so. All parties should refrain from commenting on the issue. So therefore what CEC has written will be decided by President and government according to merit," Digvijay said.
"Naveen Chawla is non-partisan. He has no reason to resign. Also we have similar complaints against other election commissioners as well," he claimed.
Union Home Minister P Chidambaram said that election commissioners have a fixed term, indicating that Chawla will stay.
"All election commissioners hold a term fixed by the Constitution. The Constitution has prescribed the term. Neither I nor you can disturb that," said Chidambaram.
Navin Chawla has been a controversial figure over the years and it is not the first time that his dismissal has been sought over his alleged bias towards the Congress.
In March 2006, the National Democratic Alliance had presented a memorandum to the then president APJ Abdul Kalam signed by over 200 MPs seeking Chawla's removal.
In May the same year, the then Opposition Leader in Rajya Sabha, Jaswant Singh, moved the Supreme Court over the issue. But the BJP later withdrew its petition.
Chawla was also embroiled in controversy after a trust run by him and his wife received funds from Congress MPs AA Khan, RP Goenka, Ambika Soni and Karan Singh.
The Shah Commission which inquired into excesses during the Emergency had also indicted him of gross misuse of power, while he was secretary to the Lieutenant Governor of Delhi.
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