Election Commission rebuts BJP's charge of bias, says enough powers to ... - Times of India

NEW DELHI: The Election Commission on Thursday strongly rebutted charges of "timidity" leveled against it by some BJP leaders, stating that it had enough powers under the Constitution to perform its duties with forthrightness and boldness. While objecting to the "harsh" and "sweeping" statements being made about the neutrality of the commission, chief election commissioner V S Sampath said the poll panel deplored attempts by the political parties to cast aspersions on a Constitutional body like itself.

Importantly, Sampath defended the Varanasi district magistrate over denial of permission to BJP's prime ministerial candidate Narendra Modi's rally at Beniabagh ground, saying that he had rightly gone by professional advice that cited security and suitability concerns. However, even as he gave an all-clear to the Varanasi DM over not allowing Modi's rally, he added that there were some other complaints made against the officer by the BJP that would be looked into. "We would like to assure you that the Commission will very fair in treating not only the officer but also the complaints against him," he said.

EC sources said the jury is still out on neutrality of the said officer. The EC is likely to review the complaints against him at its meeting on Friday and may decide on whether he needs to be replaced. Another option is to ask him to go on leave till polling is over.

Of course, Sampath left little doubt that the EC stood by the DM's action in the matter of permissions to the BJP. "During election period, particularly in sensitive areas, law and order is a very critical issue and Commission will not like to substitute its judgment to the judgment of local authorities at the field level. There were references about Commission not being bold in taking the risk of giving clearance for such meetings. Where it involves following professional advice in sensitive matters relating to law and order, where lives and security of people and leaders are involved, the Commission would not like to deviate from professional advice or from the feedback from the field," he stated.

Refuting the charge that it was a timid body, Sampath said the EC had never flinched from performing its duties with boldness and forthrightness. "You might have noticed that during this election, EC banned star campaigners and candidates accused for making hate speeches from participating in public meeting...It is our appeal to senior leaders of different political parties to show maturity in discourse while referring to a Constitutional body like the EC," he added.

Stating that nearly 3,000 rallies and public meetings had been organized during the current elections, the EC said it had even facilitated single-window clearance for these. However, the 24-48 hour timeframe prescribed by the Commission related to cases where there were no complexities were involved. "Generally, the commission would expect parties to understand that issues relating to permission of campaign facilities, particularly rallies etc, should be asked for with due notice," he said.

Refuting the charge that permission was granted for the BJP's Beniabagh rally on May 6 and money collected, followed by abrupt rescinding of the permission on May 7, the CEC clarified that whenever an application seeking permission for rally was made, some money was collected. "Collection of this money does not mean permission is granted," he clarified. Also, he reminded that an alternative site was also sought thereafter, though the BJP later decided that they wanted the rally at the original site.