Supreme Court dismisses plea challenging appointment of Arun Goel as Election Commissioner

The Supreme Court on August 4 dismissed a petition challenging the appointment of Arun Goel as Election Commissioner.

The Supreme Court on August 4 dismissed a petition challenging the appointment of Arun Goel as Election Commissioner.

A Bench headed by Justice Sanjiv Khanna declined to issue notice in the petition filed by the Association for Democratic Reforms (ADR) while observing that a Constitution Bench of the court had considered the issue of Mr. Goel’s appointment and had eventually decided not to quash it.

In March, a Constitution Bench had laid down that the Chief Election Commissioner and Election Commissioners should be appointed by the President on the advice tendered by a committee of Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party in Opposition and the Chief Justice of India. The five-judge Bench had observed that what the Election Commission of India required were “honest, independent” Commissioners who could distinguish right from wrong, those who can “ordinarily and unrelentingly take on the high and mighty and persevere in the righteous path”.

Justice Khanna noted that the March judgment was prospective in nature, and may not be applicable in the case of Mr. Goel, whose appointment was already done by the date of the pronouncement of the Constitution Bench verdict.

Advocates Prashant Bhushan and Cheryl D’Souza, for ADR, on Friday argued that the entire process of selection of Election Commissioner, which culminated in the appointment of Mr. Goel, was completed in a day between November 18 and November 19 last year.

The vacancy was filled “just one day after the Constitution Bench started hearing the matter”. Mr. Bhushan said the appointment was “arbitrary and violative of institutional integrity and independence of Election Commission Of India”.

It had violated Article 14 and Article 324(2) of the Constitution of India read with Section 4 of Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.