A bench of Justices B R Gavai and K Vinod Chandran dealt with the appeal against the high court’s decision to raise monthly maintenance

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.

“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.

The Congress party criticized the government’s timing for the meeting to elect the next Chief Election Commissioner, suggesting it should have waited for the Supreme Court’s impending decision on the selection panel’s formation. Congress alleged the government aims to control the Election Commission by excluding the Chief Justice from the appointment process.