EC sends its opinion to Prez on Sonia disqualification plea

New Delhi, Apr 19 (PTI) A divided Election Commission has
sent to the President its opinion on whether Congress
President Sonia Gandhi should be disqualified as a Member of
Parliament for receiving a foreign award, highly placed
sources said today.

Chief Election Commissioner N Gopalaswami, who demits
office Monday, is believed to have taken the view that there
was need for further enquiry into Gandhi receiving the "Order
of Leopold", the second highest civilian award in Belgium
during her visit there in November, 2006.

The two other Election Commissioners Navin Chawla, who
succeeds Gopalaswami, and S Y Quraishi are understood to have
recommended that the enquiry was complete and no further
action was called for, the sources said.

Gopalaswami refused to divulge the stand taken by him or
the two Commissioners but confirmed the issue was before the
President.

"I do not want to say anything on this because this is a
case on which the decision will be taken by the President. So
until the decision is taken, there can be no discussion on
this," he said.

Asked as to at what stage the case was now, the CEC said,
"the point is that the President has not taken a decision yet.
The matter will be finally decided at the appropriate time".

Under the conduct of business rules in the Election
Commission, in case of difference of opinion among the three
commissioners, the majority view will prevail. In this Belgian
honour case, the view of the two Election Commissioners may
prevail over the CEC's view.

The controversy arose out of a petition from a Kerala
advocate who had sought the disqualification of Gandhi for
accepting the Belgian honour.

The petition cited Article 102(1)(d) of the Constitution,
which states that anybody who owes allegiance to the
Constitution of another country should be disqualified from
the Parliament membership.

The petitioner alleged that accepting the award amounted
to owing allegiance to the Constitution of that country.

Acting on a reference from the then President A P J
Abdul Kalam, the Commission had earlier issued a notice to
Gandhi as also sought details from the Ministry of External
Affairs.

The Commission was split 2:1 even at the time of issuing
notice to Gandhi. PTI MS
BDS