New Delhi: The Supreme Court today issued notices to the Centre, Election Commission (EC) and Chief Election Commissioner (CEC) on a petition filed by former external affairs minister and senior BJP leader Jaswant Singh, seeking removal of Election Commissioner Naveen Chawla.
A vacation bench comprising Justice Arijit Pasayat and Justice R V Raveendran directed the respondents to file their response within four weeks and the petitioner to file his rejoinder within three weeks thereafter.
Senior counsel Soli J Sorabjee and senior BJP leader Arun Jaitley, appearing for the petitioner, pleaded before the court that as per Proviso 2 Article 324 (5), President APJ Abdul Kalam should have referred the complaint signed by 205 NDA MP's to the CEC for his opinion. He instead referred the same to the Union Law Ministry, they added.
Union Law Ministry sought the opinion of Attorney General Milon K Banerjee on the issue, who tendered his opinion to the effect that there was nothing wrong with Mr Chawla continuing as the Election Commissioner as the allegations made in the complaint against him were prior to his becoming EC and were therefore not relevant.
The court also directed the Centre to tender the copy of the opinion of the Attorney General along with the counter affidavit.
Mr Singh and other MPs had sought removal of Mr Chawla on the plea that several Congress MPs had donated funds to the trusts being run by his family members, including his wife Rupika Chawla, from the MP Local Area Development Fund Schemes (MPLAD).
The complainants had also alleged that Mr Chawla was severely indicted by the Shah Commission appointed to look into the excesses committed during emergency.
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