Weeks after the Supreme Court questioned the “tearing hurry” and the “lightning speed” with which the Centre appointed Arun Goel as an Election Commissioner, NGO Association for Democratic Reforms has challenged his appointment, terming it as “arbitrary and violative” of institutional integrity and independence of the poll panel.
A Punjab-cadre IAS officer of the 1985 batch, Goel was appointed Election Commissioner on November 19, 2022. The top court had said it was mystified how Goel applied for voluntary retirement on November 18, 2022, if he was not aware about the proposal to appoint him an Election Commissioner.
The NGO, which has filed several PILs in the top court on electoral reforms, urged the top court to quash Goel’s appointment and constitute a “neutral and independent committee” for the appointment of members of the Election Commission.
Ending more than seven-decade-old practice of the government appointing the Chief Election Commissioner and Election Commissioners, the Supreme Court had on March 2 ordered creation of a three-member panel, comprising the Prime Minister, Leader of Opposition in the Lok Sabha or leader of the largest Opposition party and the Chief Justice of India, to select them.
In a unanimous verdict, a five-judge Constitution Bench led by Justice KM Joseph had ruled that the new system created by it shall remain in force until a law in this regard was made by Parliament. “The EC has to be independent, it cannot claim to be independent and then act in an unfair manner. A person in a state of obligation to the state cannot have an independent frame of mind. An independent person will not be servile to those in power,” the Bench had said.
The petition alleged that the Union Government and the EC have, through their acts of “omissions and commission”, participated in a carefully orchestrated “selection procedure” for their own benefits. The top court had said an appointee to the post of Election Commissioner or CEC should have a period of six years as laid down in the law to enable the officer to have enough time to gear himself to the needs of the office and assert his independence.
- Arun Goel’s appointment came a day after he took voluntary retirement
- He is a Punjab-cadre IAS officer of the 1985 batch
- NGO ADR has urged the SC to quash the appointment