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New Delhi: Chief Election Commissioner N Gopalswami has alleged in his 900-page report to President Pratibha Devisingh Patil that Election Commissioner Navin Chawla leaked the minutes of the EC meeting to the Congress party.
Gopalaswami has reportedly claimed that a senior Congress leader came to meet him within hours of the Karnataka and Himachal Pradesh election meeting.
The CEC has alleged that Chawla went out in the middle of the meeting and spoke to someone.
He also made a specific allegation on the EC notice to Sonia Gandhi on the order of Leopold issue and dual citizenship and claimed that Chawla withdrew his recommendation for sending a notice to Sonia under Congress' pressure.
Election Commission sources have told CNN-IBN that the CEC did not consult the President before seeking an explanation from Chawla.
The sources, however, said that Chawla had responded swiftly to the CEC's letter.
The CEC waited for seven months after the BJP delegation met him on Chawla issue to write to Chawla seeking explanation.
On September 12 Chawla sent a comprehensive reply to CEC and also questioned CEC's locus standi. Chawla also sought clarification from the law secretary and probably informed the CEC.
On September 17 Gopalswamy wrote back to Chawla saying that he did not accept the reply of September 12 and demanded another reply "on merit".
EC sources said that on November 7, the law secretary clarified to Chawla that no reference had been sent by the President to CEC.
On December 10, Chawla replied to CEC again questioning his locus standi.
All these happened at the time when the Election Commission was busy with election procedure in some states
The commission had already made announcements on October 14 for elections in five states - Delhi, Rajasthan, Madhya Pradesh, Chhattisgarh and Mizoram - which were to be completed before December 8.
Announcements for Jammu and Kashmir elections were made on October 19 and polls were to be completed on December 24.
Meanwhile, constitutional expert Shanti Bhushan said that the CEC is not entitled to raise the matter (of an EC's removal) on his own.
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"The entire power is with the government and recommendations are not binding on the government," said Bhushan.
"The CEC was ill-advised. This is a serious lapse on his part. People should ask for his resignation. It is a three-member commission and the majority has to decide about the problems," he said.
Editor of The Hindu N Ram blamed Gopalaswamy for being "extremely prejudiced". "Gopalaswamy has completely misled the country and media on this issue," Ram said.
"It's for Gopalaswamy to explain why he took so long to reply from January 31, 2008, to July 21, 2008. Gopalaswamy met the delegation (BJP delegation) in his chamber instead of meeting in front of the whole commission. Chawla did reply and the law secretary was also consulted," Ram said.
"The three-member Election Commission differred on elections in Karnataka and Jammu & Kashmir," Ram claimed.
Ram added that reforms are overdue in Election Commission but they should be done only after the General Elections. Internally something is rotten in the Election Commission... externally they are strong. Realistically we will have to wait for the elections to get over for reforms in appointment of election commissioners. We have to separate the immediate issues from structural reforms. For the time being the election commission should behave as if nothing has happened," the veteran journalist said.
He, however, differed from Bhushan that Gopalaswamy should quit.
"Both the election commissioners should continue. Both of them had done a good job. Given the constraint it has been a able Election Commission and all the election commissioners had been able," he added.
<>i>(With inputs from Prarthna Gahilote)
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