The Hindu Business Line : L'affaire Malik

THE contretemps over the refusal of the Haryana Chief Minister, Mr Om Prakash Chautala, to comply with the Election Commission's demand to remove the State DGP, Mr M. S. Malik, from his post is bound to be sorted out one way or the other, but the issues it raises are worth a deeper examination in order that such avoidable episodes do not jar or mar the election process in the future.

My first comment is on the rather off-putting procedure adopted by the Election Commission (EC) itself, not only in this case but in other instances. If the EC happens to be in possession of any information about the unsuitability or untrustworthiness of particular functionaries in respect of the smooth and impartial conduct of elections, the best course would be for the EC to discuss it in confidence and behind the scenes with the Head of the Government or administration and arrive at an agreed course of action. Instead, the EC has been making public announcements on its so-called `orders' or `directives' to governments to shift officials merely on its say-so. Apart from tarnishing the reputation of public servants who have no chance to defend themselves, these peremptory and open calls are apt to bring the administration also under a cloud. Dealings among Constitutional authorities should be marked by dignity and restraint.

The substantive issue in the case of Haryana DGP is a more ticklish one. There has been no suggestion of any allegation or complaint against Mr Malik as a basis for the EC's action. Reportedly, the EC wants his removal from his post since his wife is standing for election as the ruling party's candidate. Mr Chautala has retorted that on this reasoning, he should also be removed since his two sons are also candidates.

All things considered, my view is that the mere fact of a top official's close relative being a candidate should not make him suspect as regards his fairness and impartiality in the discharge of his duties. It is for the Chief Electoral Officer to exercise the needed vigilance and to bring to the EC's notice for appropriate action any specific or concrete violations of standards of uprightness.

However, on the principle of the Caesar's wife being above suspicion, it will be prudent to require officials facing such controversial situations to go on leave until the election is over. This would help avoid embarrassments on all sides, besides nurturing high values in public life. Elections are exacting enough without unpleasant confrontations brought on by clash of egos.

B. S. Raghavan