Election Commission slams Jharkhand govt’s letter against Himanta, Shivraj: ‘Avoidable narrative’
The poll body was referring to a letter that Cabinet Secretary Vandana Dadel had sent to it on September 2, in which she complained of a violation of the federal structure
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The EC’s directions against Bhajantri came after Godda MP Nishikant Dubey had complained that under Bhajantri, who was the deputy commissioner of Deoghar, the district administration registered five cases against him with “malafide intention” in the backdrop of a byelection held in 2021.
The Election Commission of India has termed a letter written to it last month by Jharkhand’s Cabinet Secretary as “posturing and promotion of an avoidable narrative”. It also reiterated that action must be initiated against Jharkhand-cadre IAS officer Manjunath Bhajantri, who was accused by a BJP leader of registering cases against him with “malafide intention”.
The EC said this in a letter dated September 30, written to Jharkhand Chief Secretary L Khiangte.
The poll body referred to a letter that Cabinet Secretary Vandana Dadel had sent to it on September 2, in which she had complained of a violation of the federal structure, and alleged that Assam Chief Himanta Biswa Sarma and Union minister Shivraj Singh Chouhan had a “propensity to foment hatred across different communities” during their appearances in different parts of Jharkhand ahead of the announcement of the upcoming Assembly elections.
Dadel’s letter had also alleged that these BJP leaders were dissuading government servants from discharging their duties due to fear of reprisals, and mentioned Bhajantri’s case among others. Dadel also asked the EC to ensure impartiality while conducting inquiries against complaints made to them against the state’s bureaucrats.
The EC wrote that Dadel’s letter was “more of a posturing and promotion of an avoidable narrative of violation of federal space”, and was written “apparently to avoid compliance of lawful directions of ECI on evidently untenable grounds”.
The Commission noted that after its order dated December 6, 2021, for disciplinary action against Bhajantri, the officer had approached the Jharkhand High Court with a writ petition challenging the directions of the EC. Bhajantri got relief from a single-judge bench, but the EC appealed and a two-judge bench last month stayed the order that had granted relief to the IAS officer.
In its letter, the EC cited the High Court judgment as saying: “…this Court is of the view that such recommendation which has been made by the Election Commission of India dated December 6, 2021 cannot be said to be optional, rather, it is mandatorily to be accepted by the State, otherwise the constitutional spirit of the establishment of Election Commission of India will be frustrated…”
The EC said as the High Court has ruled that its recommendation was “binding”, “Accordingly, the ECI direction of December 6, 2021 to initiate disciplinary proceedings for major penalty against the said officer (Bhajantri) no longer can be legally eclipsed by the State government.”
It said its direction “now hold the field” for necessary and immediate compliance by the state government.
The EC’s directions against Bhajantri came after Godda MP Nishikant Dubey had complained that under Bhajantri, who was the deputy commissioner of Deoghar, the district administration registered five cases against him with “malafide intention” in the backdrop of a byelection held in 2021.
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