Haryana Chief Minister Om Prakash Chautala today found a way to circumvent the Election Commission order to transfer DGP Mohinder Singh Malik and to keep him out of election duty when the officer proceeded on leave for the entire duration of the polls.
Malik, whose wife is contesting on a ruling party ticket from Sonepat, will be on leave for 32 days. The DGP has undertaken not to visit Sonepat till the polls are over. Haryana goes to polls on May 10, the day Malik’s leave would expire.
The EC seemed satisfied with the latest development in the case, that had threatened to blow up into a controversy after Chautala said on Tuesday he wouldn’t comply with the order to transfer Malik. The CM climbed down and let Malik proceed on leave after legal experts advised him that there could be serious consequences of defying an EC order.
Sources in the Commission said they were now waiting for a panel of names from the state to select an officer who would handle charge in Malik’s absence. ‘‘The state government is expected to send the panel of names by tomorrow morning,’’ the sources added.
However, Chautala said the EC had not sent any such request for names. ‘‘Instead, we would be forwarding a name who would hold charge so long as Malik is on leave.’’
The CM also continued his attacks on the EC, now accusing Chief Election Commissioner T S Krishnamurthy of bias against Haryana. ‘‘The Commission allowed the Centre and Punjab Government to merge the DA of their employees, but in the case of Haryana the proposal was turned down,’’ he pointed out.
Chautala also charged that the CEC had crossed the line by addressing a meeting of DCs and SPs of the state, and used language that did not behove a person of his stature. ‘‘The remarks he passed at the meeting were not expected from a person holding such a high constitutional post.’’ According to Chautala, the CEC was serving the agenda of the BJP and Home Ministry.
Again defending Malik, Chautala said the EC seemed to have already made up its mind over the officer, without taking into account his conduct in the run-up to the Lok Sabha elections.
Malik, who met Chautala in his office in the morning to submit his leave application, issued a statement saying he had taken the decision to avoid any unwarranted and malicious controversy sparked by ‘‘vested interests’’. He also denied the allegations that he was campaigning for his wife. It should be remembered, Malik added, that the EC had lauded the state government for conducting free and fair by-elections during his tenure.
Meanwhile, as a safeguard against any petition challenging its order to transfer the DGP, the EC filed a caveat in the Punjab/Haryana High Court.