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UNCLAS SECTION 01 OF 02 NEW DELHI 000910 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV, PTER, PREL, PINR, KDEM, IN SUBJECT: BHARAT BALLOT 09: ELECTION BODY GETS NEW COMMISSIONER REF: NEW DELHI 238 1. (SBU) SUMMARY: Former Power Ministry Secretary V.S. Sampath on April 21 assumed charge as one of three commissioners on India's Election Commission, following the retirement of Chief Election Commissioner N. Gopalaswami. Sampath is the junior member of India's three-member Election Commission (EC), the constitutional body that conducts and supervises elections in the country. He joins current commissioner S.Y. Quraishi and Navin Chawla who was elevated to Chief Election Commissioner. Sampath's appointment comes months after Gopalaswami's controversial recommendation to the Supreme Court for the removal of his colleague Chawla for making judgments favoring the Congress Party. Many hope Sampath's appointment will help put to rest infighting and restore stability in the EC, particularly because it is in the middle of managing a complex nationwide parliamentary election. END SUMMARY. The Great Hope to "restore credibility" in the Commission --- 2. (SBU) According to political contacts, Sampath is the consensus choice of the incumbent Congress-led United Progressive Alliance (UPA) government. He is a senior Indian Administrative Service (IAS) officer, highly regarded by his colleagues. Originally from Andhra Pradesh, he is said to maintain close ties with Andhra Pradesh Chief Minister Y.S.R. Reddy. Many believe that Reddy fast-tracked Sampath's nomination through the UPA bureaucracy and see in it a sign of the Andhra Chief Minister's growing influence in the party. One of the most attractive attributes of the Sampath choice for the UPA no doubt is his age. At 59 years, he will serve until retirement at age 65 in 2015 and will likely be Chief Election Commissioner if parliamentary elections are held on their five-year schedule in 2014. 3. (SBU) In his previous position as Power Secretary, Sampath built a reputation for "honesty and decisive decision-making." Aditi Phadnis of the Business Standard told us that Sampath is perceived to be "pro-Congress," but his integrity is such that the opposition Bharatiya Janata Party would have difficulty questioning his impartiality as an Election Commissioner. Phadnis further indicated that his appointment would help to restore credibility in India's highest ranking elections body, following years of bickering and infighting between former Chief Elections Commissioner (CEC) Gopalaswami and current CEC Chawla. The EC: India's highest elections body --- 4. (SBU) The Election Commission (EC) is an autonomous, three-member constitutional body responsible for delivering free and fair elections in India. It was established under Article 324 of the Indian Constitution. The EC presently consists of one Chief Election Commissioner and two Election Commissioners appointed by the incumbent government. Taking its directions from the President, the EC is insulated from GOI executive orders. It is responsible for planning and executing the whole gamut of complex operations that go into the conduct of elections. The entire state and national government machinery, including para-military forces and police, falls under the EC's control during elections. A History of Infighting --- 5. (SBU) There have been continuing reports of infighting and differences among election commissioners since Chawla's appointment in 2005. Chawla has been a political target of the BJP for over three decades. As a young private secretary during Indira Gandhi's 1975-77 State of Emergency, Chawla oversaw the arrests of political opposition, many of whom are NEW DELHI 00000910 002 OF 002 BJP leaders today. When he was appointed to the EC in 2005, the BJP started to build the case against Chawla, citing his close and continuing ties with the Congress' Nehru-Gandhi family (ref). 6. (SBU) The controversy heated up in January, when former CEC Gopalaswami called for Chawla's removal from the EC, accusing him of trying to influence the timing of Karnataka state elections in favor of the Congress Party. The Congress and Left parties questioned the legality and timing of the recommendation -- two months before the general elections and 78-days before the CEC's retirement from government service. The CEC's charges did not cause lasting damage to the Congress Party. However, the controversy (and the negative press it has generated) cast a dark shadow on EC. It brought home the flaws in the system for appointing election commissioners. Under the Indian constitution, election commissioners are appointed by the incumbent government, a contrast to other constitutional appointments such as the Central Information Commission and the Central Vigilance Commission, which must be selected by a bi-partisan panel comprised of the Prime Minister, the Leader of the Opposition and the Speaker of the Lok Sabha. Many have argued that biased EC selection process could threaten the credibility of the Commission and the elections it oversees. Bio Notes --- 7. (SBU) Veeravalli Sundaram Sampath is a senior officer of the Indian Administrative Services (IAS). Prior to his appointment to the Election Commission, Sampath served as the Indian Power Secretary. Born January 16, 1950 in Vellore, Tamil Nadu, he joined the IAS in 1973 in the Andhra Pradesh cadre. Sampath has held several senior positions, including: Secretary of Chemical and Fertilizers (2008-09); and Principal Secretary of Finance with the State Government of Andhra Pradesh. Sampath holds a MA in English Literature. He completed a five-week course on Personnel and General Administration from University of Illinois in 1992. BURLEIGH