New Delhi: The Association for Democratic Reforms (ADR) has filed a petition in the Supreme Court against Arun Goel’s appointment as an election commissioner. According to Bar and Bench, the petitioner has argued that the appointment was arbitrary and violative of the institutional integrity and independence of the Election Commission.
On Monday, the Supreme Court bench of Justices K.M. Joseph and B.V. Nagarathna recused themselves from hearing the case.
Before they announced their recusal, the matter was heard for a while on Monday, with Prashant Bhushan appearing for the petitioner, LiveLaw reported. Justice Nagarathna asked Bhushan which rule had been violated in Goel’s appointment, suggesting that while it may have been done in a hurry, no rule had been broken.
Goel, a retired IAS officer, was appointed as an election commissioner in November 2022. He is in line to be the next chief election commissioner after incumbent Rajiv Kumar demits office in February 2025. Goel will be in office till December 2027.
In the plea, ADR argued that in the Aroop Baranwal vs Union of India judgment, the Supreme Court had rejected the Union government’s argument that Goel was the youngest of the four persons on the panel prepared. The court had said that the panel had been deliberately prepared in this way to make sure the other applicants were dismissed.
“Supreme Court constitution bench has categorically held that though Arun Goel was younger than the others who were empaneled, he still would not have a complete tenure of six years as is mandated by Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, and the court has held that tenure shorter than six years would impinge on the independence of the Election Commission of India,” ADR said, according to Bar and Bench.
The petition, according to LiveLaw, contends that the Union and the ECI “have through their acts of omissions and commission participated in a carefully orchestrated ‘selection procedure’ for their own benefits.”
“Owing his appointment as Election Commissioner to the arbitrariness exercised by the Executive, the appointment of Mr. Goel is overshadowed by the perception of a ‘yes man’,” it continues.