'Nobody Was Listening': SC's Involvement in Appointments in Election Commission Gets Former CECs' Vote

Arun Goel’s appointment as Election Commissioner has sparked a controversy. The Supreme Court said it wanted to see his appointment file and termed the process “lightning fast”. While the apex court is still looking into the matter, former Chief Election Commissioners (CECs) have opined that the appointments in the EC need reforms.

Manohar Singh Gill, who served as the CEC for six years between 1996 and 2001, said he had been making similar demands since his term in the poll panel.

“The appointment in the EC is a question that has to be examined and settled. I was the CEC for a full six years. I had raised a similar issue (related to appointments in the EC) but nobody was listening,” he said while speaking to News18.

He went on to say that he is happy that the SC is now really examining the matter. “Let the court settle it now. I am happy that it will bring a settled decision. The situation will change. I can see it. The SC will do something,” he said.

‘WHY THE HURRY?’

Shahabuddin Yaqoob Quraishi, who served as the CEC between 2010 and 2012, also echoed Gill’s emotions as he said that Goel was getting appointed in a hurry as the government may have felt that the SC may issue new guidelines for the appointments.

“There is no rule for the appointment of the EC. The governments have been filling the posts by proposing the names to the President. The main PIL (in the SC) is demanding a rule for the appointments of the EC. The government must have hurried as they felt that if rules were made, it may demand wider consultation,” Quraishi told News18, adding that the appointment was “lightning fast” as the government wanted to save itself.

Another former CEC, demanding anonymity, commented on Goel’s appointment saying they cannot recall any such case from the past when appointments were made in such a hurry.

“It is not the first time that appointments in the EC have been questioned. There have been times when questions were raised. In fact, not just EC, appointments in various government bodies have been questioned and that is normal in a democracy. The matter is sub judice, I am nobody to comment on it. But I cannot recall any case when such appointments were done overnight, that too on a post that was vacant for so long,” the former CEC told News18.

Quraishi went on to add that the hurried appointment would have made more sense if it was done before the announcement of the assembly elections in Gujarat and Himachal Pradesh.

“It is common sense that the major elections of Gujarat and Himachal Pradesh were nearly done and there was no hurry for the government to make this appointment. They were not bothered about this vacancy in the last six months but now suddenly what was the hurry that the post had to be filled within one day only. They must have felt that the SC may tweak some rule or lay out some procedure for the appointment,” he said.

The post of one EC in the three-member commission was vacant since May this year.

Quraishi added that with this appointment, the government has been “caught on the wrong foot”.

“Half of the election is done and in the mid-way, they suddenly realised that the appointment should be done within a day. No one is a fool here. The court has every right to question…” he said.

Another ex-CEC, who wished not to be named, had a slightly different opinion. The former official said that due procedure is followed in the appointments in the EC.

“There is a process in every appointment. When it comes to appointments of the EC, even the PM is involved. All those questioning the procedures must not be aware of the procedures. It is wrong to question appointments like this,” said the official.

WHAT IS THE CASE?

On November 18, 1985-batch IAS officer Arun Goel was given voluntary retirement from service. A day later, on November 19, the President appointed him an Election Commissioner. On November 21, he took charge of the office, and, on November 23, the Supreme Court asked the Centre to produce the original files related to his selection.

A five-judge Constitution bench is hearing a batch of petitions recommending reforms in the process of appointment of members of the Election Commission of India.

On November 24, the Supreme Court reserved its verdict and asked the parties to file written submissions in five days. The SC, time and again, has said that it is not against the appointment of Goel but only the process.

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