Petition in SC seeks to restraint Centre from appointing new Election Commissioners

Supreme Court of India


A petition has been filed in the Supreme Court seeking to restraint the central government from appointing new Election Commissioners under the newly enacted law that replaced Chief Justice of India (CJI) with a Union Minister in the three-member appointment committee.

The petition has reportedly been filed by Congress leader Jaya Thakur a day after Union Law Ministry began process to appoint two new Election Commissioners by March 15.

After Election Commissioner Arun Goel’s sudden resignation last week, the three-member Election Commission of India body was left with only the Chief Election Commissioner (CEC). One post of Election Commissioner fall vacant after Anup Chandra Pandey’s retirement earlier this month.

The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, which was passed by the Parliament during the winter session last year effectively gave control on the appointment of CEC and ECs to the Union government.

Ahead of the crucial Lok Sabha polls 2024, Election Commissioner Arun Goel last week tendered his resignation and the same has also been accepted by President Droupadi Murmu.

A gazette notification, issued by Law Ministry on Saturday, read, “In pursuance of clause (1) of Section 11 of The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the President is pleased to accept the resignation tendered by Shri Arun Goel, Election Commissioner with effect from the 09th March, 2024.”

Goel’s resignation leaves the three-member Election Commission of India in the hands of Chief Election Commissioner (CEC) without any election commissioners.

The Election Commission is a constitutional body and consists of Chief Election Commissioner and two Election Commissioners.

Goel’s resignation amid the poll preparations comes as a surprise to many as he had three years left in his tenure. He was appointed as Elections Commissioner of India on November 21, 2022.

Reacting to Goel’s resignation, Trinamool Congress national spokesperson Saket Gokhale in a post on X wrote: “In a sudden move, Election Commissioner Arun Goel has abruptly resigned. The post of the other EC is vacant. That leaves the Election Commission now with just 1 Chief Election Commissioner.”