ADR Moves Supreme Court Challenging Appointment Of Arun Goel As Election Commissioner

A Public Interest Litigation (PIL) has been filed in the Supreme Court challenging the appointment of Arun Goel as Election Commissioner on the ground that the appointment is arbitrary and violative of institutional integrity and independence of Election Commission Of India and hence in violation of 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.

Th petition filed by Association for Democratic Reforms (ADR) highlights that the petitioner had earlier challenged the constitutional validity of the practice of appointing the members to the Election Commission by executive as being violative of Articles 14, 324 (2) and basic features of the Constitution. Through that petition, the petitioner had also prayed that a neutral and independent committee be provided for the appointment of members of the Election Commission. However, before the hearings started, Arun Goel came to be appointed as Election Commissioner. 

As per the petition, the Union of India, while substantiating Goel's appointment had stated that since he was youngest of the four persons on the panel prepared, he would have the longest tenure in the ECI. The petition argues that a deficient panel was deliberately created to justify the appointment of Goel on the ground of age. Further, there were 160 officers who belong to the 1985 batch and some of them were younger than Goel. However, without any explanation as to why the officers who were younger in age than Goel and who would have a full tenure of six years as mandated by Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 were not empaneled, the Government appointed Goel. 

The petition 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." It adds–

"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’."

Accordingly, the PIL has sought to quash the appointment of Goel as the Election Commissioner of India. 

The petitioner is filed by Advocate Prashant Bhushan.