NEW DELHI, SEPT 21: The Centre today informed the Supreme Court that it has agreed to give the Election Commission complete administrative control over the election staff on deputation for election duty despite majority of states opposing it.A three-judge bench comprising Justices S P Bharucha, Y K Sabharwal and Ruma Pal disposed of the writ petition filed by EC in terms of the agreement reached between the Centre and the commission.Attorney General Soli Sorabjee with advocate Rajiv Nanda submitted that a meeting of the advocate generals of all states was called and except for five - Tamil Nadu, Maharashtra, Andhra Pradesh, Tripura and Mizoram, which agreed in toto with the agreement reached between the Centre and EC, other states had some reservation.However, Sorabjee said the Centre intended to go ahead and give effect to the agreement which said that "disciplinary function of the EC over officers, staff and police deputed to perform election duties during election period shall extend to suspending any officer/official/police personnel for insubordination or derelection of duty.The power of the EC shall also extend to "substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct."The Centre has also agreed that EC could make recommendation to the competent authority for taking disciplinary action against an official for any act of insubordination or derelection of duty while on election duty."Such recommendation (of EC) shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission, within a period of six months from the date of commission's recommendations," the agreement specified.Majority of the states had opposition to a clause in the agreement which provided "the Government of India will advise the state governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control."When the West Bengal Government said it was opposed to the last clause concerning advice by the Centre, the court said "how could the state have an objection to an agreement between the Centre and Election Commission.""Moreover, it pertains to only advice," Justice Bharucha said and added "it was upto the states whether to follow the advice or not."
