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Supreme Court Petition Challenges Election Commissioner Appointments Amid Resignation

  • Posted on March 11, 2024
  • Legal
  • By Arijit Dutta
  • 422 Views

A plea in the Supreme Court urges transparency in appointing Election Commissioners after Arun Goel's resignation. The petitioner calls for adherence to a Supreme Court judgment for a committee-led appointment process.

Supreme Court Petition Challenges Election Commissioner Appointments Amid Resignation Image Source -www.economictimes.indiatimes.com

A recent development in the Indian political landscape has stirred controversy and legal action. Arun Goel's resignation from his role as Election Commissioner ahead of the impending Lok Sabha elections has prompted significant reactions. The aftermath of Goel's departure has culminated in a plea filed in the Supreme Court, aiming to curtail the Centre's authority in appointing new Election Commissioners.

This legal petition, submitted on March 11, has invoked Sections 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act 2023. These sections delineate the procedure for the appointment of Election Commission members. The plea seeks to halt any potential appointments by the Centre, pending a transparent and accountable process.

Sources within the political sphere had previously hinted at the imminent appointment of two new commissioners by March 15, following vacancies created by the retirements of Anup Chandra Pandey and the unexpected resignation of Arun Goel. The timing of Goel's resignation, just before the announcement of Lok Sabha election schedules, has heightened concerns over the integrity and functionality of the Election Commission.

Central to the plea is a demand for adherence to a Supreme Court judgment. This judgment mandates the formation of a committee comprising the Chief Justice of India, the Prime Minister, and the Leader of the Opposition in the Lok Sabha for the appointment of Election Commissioners. The petitioner, Jaya Thakur, emphasizes the importance of transparency in these appointments, advocating for a committee-led process to ensure fairness and accountability.

Goel's resignation has underscored existing concerns about the autonomy and impartiality of the Election Commission. With only Chief Election Commissioner Rajiv Kumar remaining in his position, questions have been raised about the Commission's ability to function effectively. President Droupadi Murmu formally accepted Goel's resignation, as announced by the Law Ministry. Notably, Goel's absence from critical meetings, including discussions on the deployment of central forces for poll duties, has drawn scrutiny and raised eyebrows.

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As a 1985-batch IAS officer of the Punjab cadre, Goel's departure marks a significant shift within the Election Commission. His tenure, slated until December 5, 2027, had the potential to see him ascend to the position of Chief Election Commissioner following Rajiv Kumar's retirement in February of the subsequent year.

In conclusion, Arun Goel's resignation has ignited debates and legal actions surrounding the transparency and procedural integrity of Election Commissioner appointments. The plea filed in the Supreme Court reflects a broader concern for accountability and fairness within India's electoral processes.

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Arijit Dutta

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