An NGO called Association for Democratic Reforms filed a Public Interest Litigation (PIL) in the Supreme Court, challenging Arun Goel’s appointment as Election Commissioner.
The appointment has been challenged on the grounds that it is arbitrary and violates the Election Commission of India’s institutional integrity and independence.
On November 19, 2022, Arun Goel, a retired IAS officer from the 1985 Punjab cadre, was appointed as the Election Commissioner of India.
Goel began his career as a District Election Officer/Collector in Punjab’s Bhatinda in 1993, after earning a postgraduate degree in Development Economics from Churchill College, University of Cambridge, England.
The petition, filed through advocate Prashant Bhushan, cited the Constitution Bench decision in Aroop Baranwal vs Union of India, stating that the Apex Court had rejected the Central government’s argument that Goel was the youngest of the four people on the panel.
In that decision, the Court held that the panel was set up in such a way as to eliminate the remaining candidates on ground of age.
“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,” the petitioner claimed.
It was claimed that the Union of India participated in a carefully orchestrated ‘selection procedure’ for their own benefit through their acts of omission and commission.
It was also argued that Goel’s appointment jeopardizes the Election Commission of India’s independence and institutional integrity, and that it violates Articles 14 and 324(2), as well as Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
