Modi-led panel set to meet this week amid churn in election body

PM Modi-led committee to meet on March 15 to select election commissioner after Arun Goel's resignation. Constitution allows appointment even after election announcement.

New Delhi: A Prime Minister Narendra Modi led high-level committee is likely to meet on March 15 to select the election commissioner for the position left vacant after the retirement of Anup Chandra Pandey in February, a person aware of the matter said. However, Arun Goel’s decision to step down as the poll officer days before the likely announcement of the schedule for the 2024 Lok Sabha elections might prompt the panel to meet at an earlier date as the Election Commission now only consists of chief election commissioner Rajiv Kumar, the person added.

Arun Goel’s decision to step down might prompt the panel to meet at an earlier date (PTI)

Parliament in December passed a new law to appoint CEC and election commissioners. The selection process now consists of two committees --- a three-member search committee led by the law minister and consisting of two government secretaries; and a three-member selection committee headed by the Prime Minister and consisting of a Union Minister recommended by the PM and the leader of opposition. The search committee will recommend five names to the selection committee but the latter is empowered to select commissioners from outside this list as well. The CEC or election then gets appointed by the President.

HT has learnt that senior Congress leader and party’s leader in the Lok Sabha Adhir Ranjan Chowdhury was invited for the meeting on March 15. The invite was sent to him hours before Goel’s resignation was notified in the gazette by the law ministry on Saturday and was only limited to fill vacancy left by Pandey’s retirement.

Alok Prasanna, a constitutional law expert and co-founder of Vidhi Centre for Legal Policy, said: “Constitutionally, there should be at least one Election Commissioner (who is the Chief Election Commissioner). Prior to 1990, there was only Chief Election Commissioner and it was only in 1989 that additional Election Commissioners were appointed. While there may be some disruption in the functioning of the ECI if there is only one EC, constitutionally, there is no problem as long as there is at least one EC who can be designated as the CEC. The actual running of elections depends on the vast number of state level functionaries and union level functionaries who are roped in to help with the process.”

But can an election commissioner be appointed after elections are announced? “Yes, there is no constitutional bar to the appointment of an EC even after the start of the election process. The [Model] Code of Conduct only prohibits making ‘ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favor of the party in power’. Appointing the EC is done following constitutional and legal processes and therefore not prohibited in any way even once the elections are announced,” he added.