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This is an archive article published on June 30, 2006

Cabinet nod needed to remove me: Chawla

Under intense attack from the Opposition NDA over the alleged receipt of MPLAD funds for his trusts, Election Commissioner Navin B Chawla today claimed he could not be removed from the post without the advice of the Union Council of Ministers.

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Under intense attack from the Opposition NDA over the alleged receipt of MPLAD funds for his trusts, Election Commissioner Navin B Chawla today claimed he could not be removed from the post without the advice of the Union Council of Ministers. Chawla was replying to a PIL filed by BJP leader Jaswant Singh seeking his removal from office.

In his affidavit to be filed before the Supreme Court, Chawla said 8216;8216;the appointment of the Election Commissioner is made by the President on the aid and advice of the Council of Ministers8230; Even for the purpose of removal of an EC, the aid and advice of the Council of Ministers would be necessary.8217;8217;

8216;8216;In addition to such aid and advice, a clear recommendation from the CEC recommending the removal is also a condition precedent and must exist,8217;8217; he stated.

Chawla8217;s submissions are at variance with those of Tandon who maintained that a complaint to the President for removing an EC had to be referred to him for recommendations. Tandon, who retired today, had submitted in his affidavit filed in the court that he would give his views if the court directed the government to forward the NDA complaint against Chawla to him.

Chawla termed as 8216;8216;misplaced8217;8217; charges that he owed his success in the Civil Services to his proximity to the Congress party or the Gandhi family. He pointed out that he was empanelled as Additional Secretary in 2001 and as Secretary in 2003, when the NDA was in power. He wondered why the NDA had not considered the allegations, raised now, at that point of time.

The Election Commissioner admitted that he was the Trustee of Lala Chamal Lal Education Trust for Boys and Bhagwan Devi Trust for Education for Girls in his capacity as Executor of his late uncle8217;s will. However, these were not private trusts as alleged, but Registered Public Charitable Trusts, he claimed.

The affidavit 8216;8216;clarified8217;8217; that he was not a trustee of the Trust, but its principal donor.

 

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