New Delhi: A day before the counting of the votes polled in the Lok Sabha election, the Congress on Wednesday termed as "constitutional travesty" the EC's rejection of Election Commissioner Ashok Lavasa's demand that dissent notes should be recorded and alleged that the poll watchdog wanted to set a new precedent of "dark secrets" and "secluded chambers" in performing its duties.
"A Constitutional travesty! ECI wants to set a new precedent of 'dark secrets' & 'secluded chambers' in doing its constitutional duties.
"If CEC can't play fair in its functioning, can it play fair in ensuring a free & fair election?," Congress's chief spokesperson Randeep Surjewala wrote on Twitter.
His comments came a day after the Election Commission (EC) decided not to record the dissents put forward by the members of the "full commission", overruling Lavasa.
On Tuesday, the poll panel rejected with a majority vote Lavasa's demand that dissent notes should be recorded in its orders on model code violations, days after the simmering tension within the EC over the issue came out in the open.
The "full commission" of the panel, comprising Chief Election Commissioner Sunil Arora and two other members -- Lavasa and Sushil Chandra -- deliberated on the contentious issue, after which the EC said dissent notes and minority views would remain part of the records but would not be part of its orders.
Lavasa had dissented on a series of clean chits given by the EC to Prime Minister Narendra Modi and BJP president Amit Shah on their speeches during the election campaign.
As his demand for recording his dissent notes in EC's orders was not met, Lavasa recused himself from cases relating to violations of the Model Code of Conduct.
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Mumbai: Senior politician and constitutional expert Prakash Ambedkar has opined that Tamil Nadu Governor Rajendra Arlekar should invite the Tamilaga Vettri Kazhagam President Vijay to form the government as his party emerged as the single largest party in the Assembly elections.
Ambedkar, who is a Mumbai-based advocate, activist and also the grandson of Dr. BR Ambedkar, is a former Parliamentarian.
Citing articles from the Constitution and similar incidents in the political history of the nation, Prakash Ambedkar has explained why Vijay cannot be stopped from forming the government in Tamil Nadu, reports Deccan Herald.
“Merely doubt over whether the TVK has the necessary number cannot suffice to withhold the invitation to the party to form the government. The Governor should invite Vijay, President of TVK, the single-largest party, to form the government and assume office as the next Chief Minister. After taking charge, as per the Article 164 (2) of the Constitution, Vijay will have to prove that his government has a majority in the House,” Ambedkar explained.
He also gave examples from India’s political history supporting his argument.
Ambedkar cited the example of the 1989 Lok Sabha elections and said that, although the Congress (I) emerged the single-largest party with 194 seats, Rajiv Gandhi declined the invitation by President R Venkataraman to form the government. “My friend Vishwanath Pratap Singh, leader of the National Front, was then invited and sworn in as Prime Minister on December 2, 1989,” he added.
He then recalled the 1996 elections to the Lower House of the Parliament, when the BJP emerged the single-largest party, but the Parliament was hung as the BJP lacked a majority. “Atal Bihari Vajpayee was invited by President Shankar Dayal Sharma to form the government and was sworn in as Prime Minister. Vajpayee resigned 13 days later on May 28, 1996, after failing to secure majority support in the Lok Sabha,” Ambedkar explained.
