TEAM HERALD
teamherald@herald-goa.com
He dashed off a 2-page communication as “top most priority”, by a special messenger, to the President for intervention as Khurshid was bent upon violating the model code of conduct, impacting the Uttar Pradesh Assembly elections.
“The Commission is approaching you with serious dismay and a deep sense of urgency that requires your kind intervention in the midst of the poll process in the State of Uttar Pradesh”, Quraishi wrote to the President after a full Commission meeting, which was also attended by the two other Election Commissioners and other officials, to review his defiance of the ECI order censuring him for declaring 9 per cent quota to minorities amidst the elections.
He wrote that “the Commission is quite concerned that the delicate balance of functions between constitutional authorities has come under a strain, because of the Minister’s improper and unlawful action. The Election Commission of India finds it necessary and unavoidable to turn to you at this juncture for immediate and decisive intervention so that the ongoing general election to the Uttar Pradesh Assembly is conducted, and this Commission discharges its functions, in accordance with the Constitution and the law”.
Pointing out that the ECI had censured Khurshid on Thursday saying he had indeed violated the model code and expressed deep anguish and disappointment, the CEC said the Election Commission was shocked to see Khurshid on TV asserting on Saturday to defy the order and continue to champion the cause for which he was reprimanded.
“Khurshid has been seen in television media today (11th February 2012) making statements to the effect that he would pursue the line of his earlier announcement irrespective of whatever the Commission directs. In fact, the Union Minister goes on to say that he would stick to his line, “even if they hang me.” We have found the tone and tenor of the Union Minister dismissive and utterly contemptuous about the Commission’s lawful direction to him, besides the fact that his action is damaging the level playing field in the election”, says the CEC’s stinging letter.
Asserting that such a response of a union minister, and that too the law minister, has created a disturbing situation, the letter says: “The Commission is shocked that instead of being remorseful about the violation of the Model Code, that carries the consensus of all political parties and the sanction of the Supreme Court, the Minister has chosen to be defiant and aggressive. This is unprecedented.
“The full Commission hence deliberated on the matter in an emergency meeting, this afternoon, while being concerned about the fact that Khurshid’s action could vitiate free and fair poll in Uttar Pradesh.
“The Commission is perturbed because the undermining of its constitutionally mandated duties has come from the Law Minister who has a direct responsibility to uphold and strengthen the ECI rather than to denigrate it. Hence, we find the immediate need to draw attention of the executive to the fact that the onus of holding free and fair polls falls on all organs of the State”.
The President, meanwhile in turn forwarded the Election Commission’s communication to Prime Minister Manmohan Singh, seeking his “advice”, sources in the Rashtrapati Bhawan said. The ministers are appointed by the President on the PM’s advice and hence it is for the PM to take the call, the sources said.
