Wednesday, May 11 2005 17:44 Hrs (IST) - World Time -

New Delhi: Amidst raging controversy over the allegations levelled by senior IAS officer L V Saptarishi, a petition was filed today (May 11, 2005) in the Delhi High Court seeking quashing of the appointment of B B Tandon as Chief Election Commissioner.

The petition, filed by one Ravi Mohan, urged the court to direct the Government to "verify and investigate" the charges made against Election Commissioners N Gopalaswami and B B Tandon in the May 6 letter written to Union Law Minister by Saptarishi, who was a Special Election Observer for Chapra constituency during the Lok Sabha polls.

The petitioner also sought to restrain the authorities from administering oath to Tandon, who is scheduled to take over the top post on May 16.

The petition was likely to be listed for hearing soon.

Tandon should not be administered oath till his name was cleared of all charges levelled against him by Saptarishi, the petitioner said.

He also sought direction to the Centre not to appoint any civil servant holding office of profit under the Government or those facing allegations to the post of Chief Election Commissioner and other Election Commissioners.

In his petition, Mohan, a Supreme Court lawyer, submitted that a peon "who does not hold integrity equivalent to the Judge of Supreme Court or High Court" should not be appointed to the post of Chief Election Commissioner or Election Commissioner.

Stating that the Constitution did not prescribe any qualification for appointment to the post of Chief Election Commissioner and other Election Commissioners, the petitioner submitted that "it does not mean that people from IB, Home Ministry or Defence are to be appointed as Election Commissioners.

"Since the Chief Election Commissioner cannot be removed except in accordance with procedure laid down for removal of a Supreme Court Judge, it is expected that a person should have also been of that calibre or reputation," the petition, filed through counsel Ravi Prakash Gupta, stated.

"We will be making mockery of democracy if civil servants holding office of profit under Government are appointed as Election Commissioners," Mohan submitted in the petition. Terming Saptarishi's allegations as "very serious" in nature, he said "such charges cannot be brushed aside and the Honourable Court must examine and investigate the charges made against the two Election Commissioners".

Accusing Chief Election Commissioner T S Krishnamurthy rejected Saptarishi's charges as "baseless" without obtaining the copy of the letter written by CAPART Director General, Mohan submitted that the CEC ought to have examined the same.