Maintaining that a complaint to the President for removing an election commissioner has to be referred to him for his recommendations, Chief Election Commissioner B B Tandon has told the Supreme Court that he will give his views if the court directs the government to forward the National Democratic Alliance complaint against EC Navin Chawla.
In his affidavit filed in response to Bharatiya Janata Party leader Jaswant Singh's petition for Chawla's removal as EC, Tandon, however, said he has not received any reference from the President so far on the issue.
"The CEC will make his appropriate recommendation to the President after such enquiry as he deems necessary and called for in the matter," he said in his affidavit.
Referring to Article 324 of the Constitution and the apex court's interpretation of the provision in T N Seshan's case, the CEC clarified that he could not suo motu act on the NDA memorandum dated March 16, 2006, without awaiting a formal reference from the President.
While the ECs can be appointed by the President without consultation of the CEC, once appointed, they can, however, be removed only on the recommendation of the CEC, Tandon said.
Quoting from the Supreme Court judgement in Seshan's case, he said, "This privilege has been conferred on the CEC to ensure that election commissioners and regional commissioners are not at the mercy of the political or executive bosses of the day."
Tandon also underlined the distinction drawn under the Constitution between the process of removal of an EC and that of the CEC who has to be impeached like a Supreme Court judge.
However, in a separate affidavit, the commission said it did not have any role to play either in the appointment or removal of ECs.