Court Dismisses Petition Challenging Election Commissioner’s Appointment

Arun Goel had taken voluntary retirement last year and was appointed Election Commissioner a day later.

A petition challenging the appointment of retired bureaucrat Arun Goel as Election Commissioner has been dismissed by the Supreme Court. 

In April, NGO Association for Democratic Reforms had approached the court against Mr Goel’s appointment, claiming it was arbitrary and violative of the institutional integrity and independence of the poll panel.

Dismissing the petition today, the court said a Constitution Bench had already examined the issue and the judgment cannot be applied retrospectively. 

A bench of Justices Sanjiv Khanna and SVN Bhatti noted that while the Constitution Bench had made certain observations, it had refused to quash Mr Goel’s appointment. 

In a landmark order aimed at insulating the election body from political interference, the Constitution Bench had ruled in March that Election Commissioners will be appointed by a panel comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

The bench had said that if there was no Leader of Opposition in the Lok Sabha, the single largest opposition party would be on the panel. It had added that the order would remain in effect “until a law is made by Parliament”.

Arun Goel, a 1985-batch IAS officer, had taken voluntary retirement on November 18 last year and was appointed Election Commissioner a day later. He had taken charge on November 21. 

Days later, the Supreme Court had questioned what the “tearing hurry” was for the “super fast” appointment of Mr Goel. “Minister of Law picks up four names from the list of names shortlisted… The file was put up on November 18; moves the same day. Even PM recommends the name on the same day. We don’t want any confrontation, but was this done in any haste? What’s the tearing hurry?”

Mr Goel is in line to be the next Chief Election Commissioner in 2025, when the current chief’s term ends.