The Congress has objected to the selection of a Chief Election Commissioner when the law for appointment to post has been challenged in the Supreme Court. Leader of the Opposition, Congress's Rahul Gandhi, attended a meeting with Prime Minister Narendra Modi and Union Home Minister Amit Shah this evening to pick a successor to Rajiv Kumar who retires tomorrow. But after the meet, he submitted a dissent note, saying the meeting should not have been held since the matter is pending in the Supreme Court.
The top court is expected to hear the matter on February 22.
Sources said the government did not want to postpone the selection process as it would leave a vacancy in the poll commission. The court had not stayed the appointment and legal opinion was sought and given and the committee headed by PM was told to go ahead, sources said.
The appointment orders of the new Chief Election Commissioner and the other Commission members is expected to be signed by President tomorrow.
"When the Supreme Court has indicated that it would be hearing the matter on the 22nd, we wanted the meeting to be postponed. The legal team of the Congress has also endorsed the decision," the Congress said.
Sources in the Congress said, 'We can't operate in ego and the meeting has to be postponed so that the Supreme Court takes an early decision".
His party has alleged that the government wants control of Election Commission and is not concerned about its credibility.
Traditionally, the President of India appoints the Chief Election Commissioner -- seen as the first among equals - on the advice of the Prime Minister. Also traditionally, the seniormost of the two remaining election commissioners is appointed CEC. Going by that rule, Gyanesh Kumar is likely to be appointed as CEC.
But this time, the new CEC is expected to be appointed under a new law - Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023.
Under this, a committee headed by the law minister has to shortlist five candidates and the selection team - the Prime Minister, Leader of the Opposition and a cabinet minister has to make the final selection.
This law, however, has been challenged in the Supreme Court. The contention is that the inclusion of a cabinet minister instead of the Chief Justice, as was expected, robs the panel of neutrality.
This new law was made after the Supreme Court, following a clutch of petitions, ruled in 2023 that a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India would select the Election Commissioners and the CEC until Parliament enacted a law.
In December 2023, a new law was passed that changed the composition of the selection committee, replacing the Chief Justice of India with a "Union Cabinet Minister to be nominated by the Prime Minister".
