Congress on Tuesday expressed concerns over the appointment of Gyanesh Kumar as the new Chief Election Commissioner, questioning the urgency of the decision despite the ongoing legal challenge regarding the formation of the selection committee.
Reacting to the appointment, Congress leader Manickam Tagore said democracy deserves better.
"The Government's hasty midnight appointment of the new CEC undermines the spirit of our Constitution and free elections. As LoP Rahul Gandhi rightly said, this should've waited for the SC hearing on February19," Tagore said on X.
"Rushing it shows their intent to bypass scrutiny. Democracy deserves better," he added.
Congress MP Pramod Tiwari emphasized that in a democracy, elections should not only be fair but also perceived as fair, criticizing the move as a violation of the Supreme Court's authority and the spirit of the Constitution.
"... The formation of the selection committee for this matter has been challenged in the Supreme Court. The matter has also been accepted for hearing in the Supreme Court. In such a situation, what was the hurry that the appointment was made during this time? ... In a democracy, elections should not only be fair but should also appear to be fair ... This is a contempt of the Supreme Court and the basic spirit of the Constitution," Tiwari told ANI.
Leader of Opposition in the Lok Sabha Rahul Gandhi had raised questions about the composition of the government-dominated panel during a speech in Lok Sabha earlier this month. While attending the selection committte meet Rahul Gandhi submitted a dissent note objecting to the mechanism of the appointment said sources.
Kumar is the first CEC to be appointed under a new law on the appointment of members of the Election Commission (EC).
His term will run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
Soon after the appointment, Congress general secretary K C Venugopal said the hastily-taken decision shows that the government is keen on circumventing the Supreme Court's scrutiny and getting the appointment done before a clear order kicks in.
The amended law dealing with the appointment of election commissioners has removed the chief justice of India (CJI) from the CEC selection panel and the government ought to have waited until the apex court's hearing in the matter on Wednesday (February 19) before selecting the officer, he said.
"Their decision to hastily hold the meeting today and appoint the new EC shows they are keen to circumvent the Supreme Court's scrutiny and get the appointment done before a clear order kicks in.
"Such egregious behaviour only confirms the doubts that many have expressed about how the ruling regime is destroying the electoral process and bending the rules for its benefit. Be it fake voter lists, schedules favouring the BJP, or concerns around EVM hacking -- the government and the CECs it appoints are subject to deep suspicion because of such incidents," Venugopal said.
The appointment was made in the exercise of powers conferred by section 4 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
In another notification, the Ministry of Law and Justice said that Dr Vivek Joshi has been appointed Election Commissioner in the Election Commission of India, with effect from the date he assumes charge of his office.
Gyanesh Kumar succeeds Rajiv Kumar, who will be demitting the office of Chief Election Commissioner on February 18.
Rajiv Kumar joined ECI as Election Commissioner on September 1, 2020, and assumed charge as the 25th Chief Election Commissioner of India on May 15, 2022.
