Plea before Supreme Court challenges appointment of Arun Goel as Election Commissioner

A public interest litigation (PIL) petition has been filed before the Supreme Court by NGO Association for Democratic Reforms challenging the appointment of Arun Goel as Election Commissioner [Association for Democratic Reforms vs Union of India]. .The appointment has been challenged on the ground that it is arbitrary and violative of the institutional integrity and independence of the Election Commission of India.Arun Goel, a retired IAS officer of the 1985 Punjab cadre, was appointed as the Election Commissioner of India on November 19, 2022..The plea filed through advocate Prashant Bhushan relied upon the Constitution Bench judgment in Aroop Baranwal vs Union of India, to state that Supreme Court had rejected the argument by the Central government that Goel was the youngest of the four persons on the panel prepared. The Court in that judgment had held that the panel was so created so as to oust the remaining candidates on the 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-NGO submitted. .It was contended that the Union of India through their acts of omission and commission participated in a carefully orchestrated ‘selection procedure’ for their own benefit.It was further submitted that the appointment of Goel affects the independence and institutional integrity of the Election Commission of India and is violative of Articles 14 and 324(2) read with Section 4 of the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991..A post graduate in Development Economics from Churchill College, University of Cambridge, England, Goel started his career as District Election Officer/Collector in Punjab’s Bhatinda in 1993.