Goa election officers called 'morally inept'

Goa election officers called 'morally inept'
TNN

PANAJI: Goa Legislative Assembly's ad hoc committee on home issued an "admonition" against chief electoral officer and assistant electoral officer for writing to the Goa legislature secretariat questioning the committee's powers, functions and duties.

The admonition was issued on Wednesday during the ad hoc committee meeting on home in response to a letter send by AEO Arvind Bugde on May 14, which stated that officers of the Goa government require clearance from the Election Commission of India for appearance before the Committee and also sought a copy of the Rules of Procedure that constituted the Committee. The letter was approved by CEO Ajit Srivastava and home minister Ravi Naik.

The admonition notes that Bugde and Srivastava have displayed utter ignorance of the working of the Constitution of India and the fragile balance of power between various organs of the state. "The Committee comes to the conclusion that both the officers are professionally delinquent and morally inept to hold public office in such senior capacities in the government," it states. Srivastava requested the committee that a show cause notice should be issued to them before issuing the "admonition", but the committee declined. Later, Srivastava said that his objection should be recorded, but that plea was also not entertained by the committee which said "any act in the nature of repetition of the present misdemeanor will warrant a stronger action against each one of them".

The ad hoc committee meeting on home was called to hear the views of the public on issues coming under the jurisdiction of the Committee. The Committee heard the chairman of ad hoc committee Manohar Parrikar and the CEO at its meeting on May 20, and after hearing them, the Committee said that they have "come to the conclusion that both the officers have grossly breached the privileges of the Committee by stating that government officers have to take clearance from the Election Commission of India to appear before the Committee since model Code of Conduct is in force and by seeking a copy of the Rules of Procedure of the House that constituted the Committee".

Parrikar observed, "The Goa Legislative Assembly and its committees are sovereign bodies which function within the Constitutionally laid out perimeter. No law which has not been made either by Parliament or the state legislature can encumber such powers, privileges and immunities".

"The Committee's attention is also drawn to the principle of accountability of the executive to the Legislature as enshrined in article 164 (2) of the Constitution of India which cannot be extinguished even for a second for any reason whatsoever. Committees of the Legislature are the nodal apparatus through which the said article is machinated", he noted.

Further, emphasizing that the Legislature and its Committees do not require anyone's clearance for performing their functions, he said, "No one can be as audacious as the said officers of the government of Goa, to call for the Rules of Procedure of the House with an intention to question the Legislature and its Committees which is a brazen assault on the people's rights and liberties to have their representatives function through the House and its Committees and is the most pernicious attempt to stifle the voice of the people as represented in these institutions". The Chief Secretary also has been asked to make a mention in their personal confidential dossiers about the fact of having received this admonition at the hands of this Committee.

May 21,2009, The Times of India, Goa edition