CEC recommendation binding on Govt,says Jaitley

“Central government has no discretion in this matter. It is bound by this recommendation,” Jaitley said. He said there are allegations that Chawla suffers from political bias.

“He has bias in favour of ruling party that comprises the Central government. The beneficiary of the bias cannot adjudicate the existence of the bias,” he said.

“This has to be adjudicated by an independent Constitutional authority. That authority has been provided in the Constitutions as CEC,” Jaitley said.

The CEC’s recommendation involves “several intricate issues of law” including the “very jurisdiction of the CEC to exercise such powers on a colleague”,Congress spokesman Abhishek Singhvi said. Such controversy would demean the prestige of one of the highest constitutional bodies of the country,was Congress’ official line.

CPI National Secretary D Raja said that the action smacked of “political motive”. “The very timing of such a recommendation smacks of political motive,if at all. … Time has come to examine the appointment and removal,powers and functions of the EC by Parliament,” he added.

The battle in the Election Commission assumed unprecedented proportions with Gopalaswami making the recommendation three months before he is to demit office on April 20.

While Forward Bloc demanded intervention of President Pratibha Patil in the matter,RSP questioned the motive of the CEC in making such “a suo motu” recommendation.