The selection committee headed by Prime Minister Narendra Modi met in New Delhi this evening and is learnt to have recommended the name of the next chief election commissioner to the President, sources said, even as the Congress asked the government to defer the decision pending a Supreme Court hearing.
Besides Modi, Union Home Minister Amit Shah and Leader of the Opposition Rahul Gandhi are part of the three-member panel to select the CEC. The committee met at the Prime Minister's Office in South Block and recommended the name to President Droupadi Murmu.
The sources in the government said the notification announcing the name of the next CEC could be issued "in the next few hours".
Incumbent CEC Rajiv Kumar demits office on Tuesday on attaining the age of 65.
As a matter of precedent, the senior-most Election Commissioner (EC) used to get elevated as the CEC following the retirement of the incumbent.
However, a new law on the appointment of the CEC and ECs came into force in 2023 under which a search committee shortlists five names from among secretary-level officers for consideration and finalisation by the prime minister-led panel.
This law has been challenged in the SC and the next hearing is scheduled on February 19.
After Rajiv Kumar, Gyanesh Kumar is the senior-most election commissioner. His tenure as Election Commissioner is until January 26, 2029.
If Gyanesh Kumar is approved as the next CEC, a new EC could also be appointed to fill the vacancy created by his elevation.
According to sources, Congress leader Rahul Gandhi was learnt to have asked the government to defer its decision on the new CEC till the Supreme Court hearing on February 19 on a petition challenging the composition of the selection panel.
Addressing a press conference soon after the meeting, Congress leader Abhishek Singhvi said that by removing the Chief Justice of India from the selection committee, the government has made it clear that it wants control and not preserve the credibility of the Election Commission.
Singhvi did not disclose anything on what transpired in the meeting apart from saying that Gandhi attended it.
Singhvi said the case challenging the new act is pending before the Supreme Court, which has issued a notice, and the matter is now listed for next hearing on February 19.
It was just a matter of 48 hours and the government should have approached the apex court for an early hearing of the petition, he said.
"It is our suggestion that the Central government adjourned this meeting until after the hearing and instruct its counsels to appear and assist the court so that the hearing may be an effective one. Only then, can a decision be taken in earnest," Singhvi said.
AICC treasurer Ajay Maken, who also addressed the press conference, said, "The Congress believes that when the SC has indicated that they will hear the case on the constitution of the committee on the 19th, this meeting should have been postponed."
Singhvi said the essence of the Congress' stand is that the letter and spirit of the Constitution have to be followed.
"It is necessary that a transparent, balanced, impartial decision is taken, which is in the public interest, and in the interest of democracy. Which can create a level-playing field, which is in the foundation of our republic. This is the stand of the Congress," he said.
Singhvi referred to the Supreme Court judgment in the Anoop Baranwal case in which it said the committee to select the CEC and ECs should have the Chief Justice of India along with the prime minister and the Leader of the Opposition in it.
Quoting the judgment, he said the Election Commissioners, including the CEC, must be chosen not by the executive exclusively.
"The executive has the right to form a law, but without understanding the spirit of the judgment, in a rush, within months, the Modi government brought a new law, which did just the opposite. It had provisions for selection totally by the executive," he said.
He said the basic structure of the republic is that there should be an independent Election Commissioner, especially as several allegations and counter-allegations have been made on the poll panel over the last two years.
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