SC to govt: Submit files on appointment of poll chief

Arun Goel assumes charge as the new Election Commissioner, in New Delhi on Monday. Pic/PTI

The Supreme Court on Wednesday directed the central government to produce before it the files related to the appointment of Arun Goel, a former bureaucrat, as the election commissioner.

A five-judge Constitution bench headed by Justice K M Joseph asked how Goel was appointed when the court was hearing an interim application seeking a stay on appointments to the Election Commission.

"We started hearing this on Thursday. And the next hearing takes place yesterday. We would like you to produce the files related the appointment of the recent CEC, so that we know you are not in the wrong. Was he appointed based on VRS, the mechanism? Since the matter of appointments is being considered by a Constitution Bench, and an application is filed by parties for interim stay on appointments, how did this one get through? If everything is hunky dory... It is not adversarial, we are only asking you," Bar and Bench quoted Justice Joseph as saying to Attorney General R Venkataramani.

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Venkataramani said the court is dealing with the larger issue of appointment of ECs and the chief election commissioner (CEC) and it cannot look at an individual case flagged by advocate Prashant Bhushan. The bench rejected his objections.

Advocate Bhushan, representing a petitioner, said Goel, who was a sitting secretary, was given voluntary retirement on Friday, issued appointment on Saturday, and took charge as the EC on Monday.

The bench also orally observed that the need is for a chief election commissioner (CEC) who can even take action against the prime minister. The bench, also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C T Ravikumar, said suppose for example, there is some allegation against the prime minister and the CEC has to act, but the latter is weak-kneed and does not act.

The bench queried the Centre's counsel that was it not a complete breakdown of the system. The CEC is supposed to be insulated from political influence and should be independent.

It further added that these are aspects on which "you (the Centre's counsel) must delve into, and why we require an independent larger body for selection and not just Cabinet". The bench orally observed that committees say dire need for changes, and politicians also shout from rooftop but nothing happens.

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