Justice K.M. Joseph recuses from hearing petition in SC against Arun Goel’s appointment as Election Commissioner

Supreme Court judge Justice K.M. Joseph on Monday recused from hearing a petition challenging the appointment of Arun Goel as Election Commissioner

Supreme Court judge Justice K.M. Joseph on Monday recused from hearing a petition challenging the appointment of Arun Goel as Election Commissioner.

Justice Joseph had in March authored the lead opinion in a Constitution Bench judgment which held that the Chief Election Commissioner and Election Commissioners should be appointed by the President on the advice tendered by a committee of Prime Minister, Leader of Opposition in the Lok Sabha or the leader of the single largest party in opposition and the Chief Justice of India.

The judge had observed that what the Election Commission of India required were “honest, independent” Commissioners who could distinguish right from wrong, those who can “ordinarily and unrelentingly take on the high and mighty and persevere in the righteous path”.

On Monday, advocates Prashant Bhushan and Cheryl D’Souza said the entire process of selection of Election Commissioner, which culminated in the appointment of Mr. Goel, was completed in a day between November 18 and November 19 last year.

The vacancy was filled “just one day after the Constitution Bench started hearing the matter”.

Mr. Bhushan said the appointment was “arbitrary and violative of institutional integrity and independence of Election Commission Of India”.

It had violated Article 14 and Article 324(2) of the Constitution of India read with Section 4 of Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.