SC fixes Mar 20 for hearing PIL seeking Navin Chawla's removal

SC fixes Mar 20 for hearing PIL seeking Navin Chawla's removal New Delhi | Wednesday, Mar 4 2009 IST The Supreme Court today fixed March 20 for hearing of a PIL seeking removal of Election Commissioner Naveen Chawla in view of the recommendation of the Chief Election Commissioner N Gopalaswami for his removal due to his partisan role. A bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and J M Panchal fixed the date of hearing when the petition was mentioned before the court for early hearing. The petitioner has also prayed to the court to issue directions to the government to implement the recommendations of the Administrative Reforms Commission headed by Veerappa Moily recommending that the CEC and his colleagues should be selected by a collegium comprising of five members, including the Leader of the Opposition, the Chief Justice of India and two Chief Justices of two different High Courts. The petitioner, United Communist Party of India, has also prayed to the apex court to issue necessary directions that while selecting EC and CEC, not only IAS officers but eminent lawyers, academicians, retired judges of the Supreme Court and High Court should also be considered. The petitioner has also contended that the recommendations of the CEC as per proviso to clause 5 for Article 324 of the Constitution provides that an EC can be removed from the office only on the recommendation of the CEC. The present CEC, due to retire on April 20, had recommended the removal of Mr Chawla from the post of EC in February this year on the grounds that he was partial and partisan towards Congress. President Pratiba Devisingh Patil has already rejected the recommendation of Mr Gopalaswami on the advice of the Union Government saying that CEC cannot recommend the removal of an EC on his own without reference from the government. Naveen Chawala is all set to become CEC of India to succeed the present incumbent Mr Gopalaswami, who will retire on April 20. The Election Commission has already announced the date for five phased general elections, and four phases of elections to Lok Sabha will be conducted when Mr Naveen Chawla will be heading the Commission.

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