EC rejects petition to dismiss Sonia as MP

New Delhi: The Election Commission (EC) by a majority opinion has rejected the demand for disqualification of Sonia Gandhi as a Member of Parliament for receiving a foreign award.

By a 2-1 vote, Election Commissioners Navin Chawla and SY Quraishi have overturned incumbent Chief Election Commissioner N Gopalaswami’s view that an enquiry is necessary to go into the complaint against Sonia.

The CEC wanted an enquiry into the complaint against Sonia receiving the 'Order of Leopold', the second highest civilian honour in Belgium.

The Congress President was presented this honour during her visit to that country in November 2006.

The EC’s view has been sent to President Pratibha Patil for her final decision.

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

Under the conduct of business rules in the EC, 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.

Gopalaswami is believed to have taken the view that there was need for further enquiry into Sonia receiving the award, sources said. Chawla and Quraishi are understood to have recommended that the enquiry was complete and no further action was called for, the sources added.

The Chief Election Commissioner 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, Gopalaswami said, "The point is that the President has not taken a decision yet."

"The matter will be finally decided at the appropriate time," he added.

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 membership of Parliament.

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 APJ Abdul Kalam, the Commission had earlier issued a notice to Sonia as also sought details from the Ministry of External Affairs.

The Commission was split 2:1 even at the time of issuing notice to Sonia.

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