NGO challenges appointment of Arun Goel as Election Commissioner in India

The Association for Democratic Reforms, an NGO, has filed a writ petition with the Supreme Court of India against the appointment of Arun Goel as an Election Commissioner.

The NGO has alleged that the appointment is arbitrary and violative of the institutional integrity and independence of the Election Commission of India (ECI).In the petition, it is also demanded that a “neutral and independent committee” be established to choose the Election Commission’s members.

The writ petition filed in public interest challenges the appointment of Arun Goel as Election Commissioner on the grounds that it is arbitrary and violative of institutional integrity and independence of the ECI. The plea alleges that the Union Government and the ECI have participated in a carefully orchestrated “selection procedure” for their own benefits. The Supreme Court had ruled on March 2, 2023, that the appointment of the Chief Election Commissioner and Election Commissioners would be done by the President on the recommendation of a committee comprising the Prime Minister, Leader of the Opposition in Lok Sabha, and the Chief Justice of India to maintain the “purity of election.”

The Supreme Court noted that Rajiv Kumar’s appointment as Chief Election Commissioner with effect from May 15, 2022, created a vacancy in the position of Election Commissioner. The Supreme Court stated that since there was no specific law, it appeared that the appointment to the position of Election Commissioner was made on the assumption that there was no obstacle to the appointment.

The Supreme Court ruled that the legal term for an appointment to the position of Election Commissioner or Chief Election Commissioner should be six years in order to give the officer adequate time to adapt to the demands of the position and assert his independence.

Arun Goel’s appointment as Election Commissioner, according to the writ petition, violates the Election Commission’s independence because it was done without the approval of the committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. The argument has also argued that the appointment was arbitrary because the opposition parties and civil society organisations were not consulted.

The plea further states that the appointment of Arun Goel is “unconstitutional, arbitrary, and illegal” and that the appointment of Election Commissioners must be done through a transparent and objective process. The Association for Democratic Reforms has sought the constitution of a “neutral and independent committee” for the appointment of members of the Election Commission to ensure that appointments are made in a transparent and objective manner.

The Supreme Court has noted that Arun Goel applied for voluntary retirement on November 18, 2022, a day before his appointment as Election Commissioner was notified. The Court has expressed mystification about how Goel applied for voluntary retirement if he was not aware of the proposal to appoint him as an Election Commissioner. The Court has also noted that the legal term of appointment for an Election Commissioner or Chief Election Commissioner should be six years, as this would give the officer enough time to adapt to the demands of the position and assert his independence.