Chief secy's reply unlikely to end EC row

KOLKATA: State chief secretary Basudeb Banerjee beat the EC deadline by just oneand-a-half hours, reasoning why he replied to a showcause addressed to `chief minister Mamata Banerjee', but appeared to labour to explain why he chose to question the EC's notice.
A day ago, the CM had replied to EC, defending her purported statement on making Asansol a district.
The chief secretary wrote to EC that since the April 14 show-cause was addressed to the CM, he replied to it. This, however, may not resolve the imbroglio. The letter, received by the EC around 3:30pm, lists precedents to argue that he had not violated any procedure.
The reply cites that a 2013 EC notice to the then Gujarat Chief Minister Narendra Modi mentioned his political status, too. But after the EC chose to re-issue the showcause to Mamata, as Trinamool chairperson, at her Kalighat address this issue has lost its sting.
The EC is asking the chief secretary to explain because under The Representation of People's Act, 1951, he is deemed to be on deputation to EC. The showcause relates to a poll-related offence. Banerjee's reply , therefore, to EC notice is uncalled for, sources said.
Second, the chief secretary had apparently chided the EC for lack of due diligence before issuing the April 14 showcause to the CM, saying the issue was in public domain. The problem is that chapter VII of the Model Code of Conduct, provides that no cause of action will be given for any complaint.
A senior constitutional expert, who asked not to be named because he is privy to the matter, said, "The chief secretary has challenged a constitutional body . This is a very thin line. It is something close to insubordination and may have its fallouts. The supremacy of the EC in election-related matter has been time-and-again asserted by Supreme Court.Having said that the EC too has to exercise restraint.The chief secretary is the figurehead of the administration during the election process. Any knee-jerk action may have its fallout."
The EC's insistence on an explanation for the "language" used by Banerjee, and the chief secretary's attempt to side-track it has left a deep wedge. Not surprisingly, no senior EC officer is willing to speak on it.
Madan will win, even from jail: CM
In her first public meeting in support of tainted former minister Madan Mitra, CM Mamata Banerjee warned that a `wounded tiger is more ferocious than a dead tiger' and asserted that people will vote Madan to power even in his absence. The tiger metaphor was to substantiate her claim that Madan has been politically framed. Mamata chided his opponent, CPM's Manas Mukherjee, for doing nothing. Mitra is now in jail custody in the Saradha case. Mamata defied criticism and re-nominated him in Kamarhati.