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Rediff.com  » Election » SC dismisses petition against Chawla's continuance as EC

SC dismisses petition against Chawla's continuance as EC

March 20, 2009 19:41 IST
The Supreme Court on Friday dismissed a petition challenging the continuance of Navin Chawla as Election Commissioner in view of Chief Election Commissioner N Gopalaswamy's recommendation for his removal.

"We cannot direct the state to do this (direction for implementation of CEC's recommendation). There are provisions in the Constitution for appointment and other proceedings of the Election Commission," a bench comprising Chief Justice K G Balakrishnan and V S Sirpurkar said.

The President had on March 1 rejected the CEC's recommendation for Chawla's removal.

The petition filed by the United Communist Party of India, a registered political party, had said the allegations made by the CEC in his recommendation to the President should be examined and verified by the apex court as otherwise it would erode the impartiality of the Election Commissioners.

However, the bench questioned the locus standi of the UCPI in approaching the court.

The party's secretary and counsel Sugriv Dubey was asked several questions for approaching the court with the petition. "Who are you? Who authorised you to file petition on behalf of the UPCI," the bench asked Dubey, who said that he was authorised to move the court in the capacity of secretary of a registered political party.

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