This Article is From Feb 12, 2012

Poll panel wrote to President as Khurshid undermined authority: Sources

New Delhi: A day after it wrote to President Pratibha Patil complaining about Union Law Minister Salman Khurshid's "defiant" attitude on his remarks on minority quota, the Election Commission (EC), sources say, "took the extreme step" as "its authority was undermined". Sources also added that the "ball is now in the President's court."

The EC's letter was triggered by Mr Khurshid's statement at an election rally in the Khatakpur locality of Farrukhabad constituency in Uttar Pradesh on Friday where he reiterated his promise for increasing the sub-quota for minorities if the Congress was voted to power, the poll panel's reservations notwithstanding.

"If they want to hang me they can, they can hang me for committing to people for a quota...We will change the fate of the poor, even if we have to go against EC, we will change the fate of the poor. I will then come and stand in front of the court of the people and fight my case. I want to stand in the court of the people and ask, 'isn't it the right of the people'?" Mr Khurshid had said.

The remarks immediately invited strong criticism from the poll panel. In a strongly-worded letter to the President, the EC said, "The Commission is shocked that instead of being remorseful about the violation of the Model Code, that carries the consensus of all political parties and the sanction of the Supreme Court, the Minister has chosen to be defiant and aggressive. This is unprecedented."  (Read the full letter)

The Bharatiya Janata Party (BJP) grabbed the opportunity to lash out at Mr Khurshid and the Congress, saying the whole controversy is a part of a 'scripted conspiracy'.

"I have a reason to believe that this is a part of a scripted conspiracy of the congress party to communalise these elections. This move will prove to be utterly counterproductive," senior BJP leader Arun Jaitley said. (Watch: Law minister takes delight in breaching the law, says Jaitley)

"The entire congress is a part of this conspiracy of playing this kind of politics," he added.

But Mr Khurshid today sought to play down the controversy, saying that the "issue has nothing to do with elections" but is an "issue of governance".

Speaking exclusively to NDTV, Mr Khurshid said, "It's between two constitutional bodies...the Election Commission and the President. Let them decide the matter. It's for the Election Commission to decide what's the best thing for it to do. I have nothing further to say."

Meanwhile, sources say Prime Minister Manmohan Singh is likely to call a meeting tomorrow to discuss the row over Mr Khurshid.

The EC's angry reaction stems from the fact that Mr Khurshid remained defiant despite being censured by it on Thursday over his minority quota remarks. The poll panel had found his statement to be a violation of the model code of conduct for elections, adding that that it expected him not to repeat such violations. (Read)

"We have found the tone and tenor of the Union Minister dismissive and utterly contemptuous about the Commission's lawful direction to him, besides the fact that his action is damaging the level playing field in the election," the EC said in its letter to the President. The letter has now been forwarded to the Prime Minister's Office for appropriate action.

The Congress, meanwhile, which had so far maintained a studied silence on the matter today sought to distance itself from its minister. "The Election Commission is a constitutional body. Congress always wants that all Congressmen should speak as per the norms of public life and the law of the land," party General Secretary Janardan Dwivedi said. This is the first official reaction of the Congress party on the controversy. Mr Khurshid, though, found some support in senior party leader Digvijaya Singh who jumped to his defence.

"With great humility, I would like to ask the honourable Election Commission of India that if political outfits are not allowed to speak about their agenda, then the party manifesto should also be stopped. Every political party has the right to talk about their programs during election campaigns. So it is not correct to press charges like these against any political leader," said Mr Singh.

But the Opposition was unforgiving. Desperate for an issue to corner the Congress during poll season, the Bharatiya Janata Party (BJP) was quick to seize upon the opportunity, demanding the minister's dismissal. It also termed the situation as akin to an "unprecedented constitutional crisis".

"A constitutional body like the EC's mandate is sought to be compromised by a senior union minister of the Government of India...an unprecedented constitutional crisis-like situation has emerged. Will the PM at least take action or maintain his conventional silence? Will Sonia Gandhi speak something or maintain her conspicuous silence, otherwise the nation will presume that all have them have their same sentiment in what Mr Salman Khurshid is espousing. The question is not about election, it's about the credibility of constitutional bodies like the EC which have a special status," BJP spokesperson Ravi Shankar Prasad said.

The Bahujan Samaj Party (BJP), which has so far been targeted by the Congress, also found the much-needed ammunition to attack its opponent during the crucial elections in UP that are underway.

"The Election Commission is the strongest pillar of our Indian democracy. If we challenge the Election Commission or question it, then we cannot have democracy in this country. We cannot have free and fair elections in this country. What Mr. Salman Khurshid has done is not just talking about 9% or 4% reservation, he has challenged the EC by making statements like, 'Let them hang me, let them do anything to me but I would say whatever I want to say'." This is not the way for a law minister," senior BSP leader Shahid Siddiqui said.

Mr. Khurshid, while campaigning for his wife Louise, a Congress candidate from the Farrukhabad constituency, had promised the electorate last month that the party would increase the sub-quota for minorities to nine per cent from the now-promised 4.5 per cent, that would be carved out of the existing 27 per cent reservation for Other Backward Classes (OBC).
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