Of ECl's vacant post, bonds of contention
- The People's Chronicle Editorial :: March 13, 2024 -

It may seem two different things with no apparent connection between them.

But the resignation of Election Commissioner Arun Goel on Saturday (March 10) just days before the anticipated announcement of the schedule for the 18th Lok Sabha elections, and the last February 15 judgment of the Supreme Court of India striking down the electoral bonds scheme, citing violations of the voters' right to information as guaranteed under Article 19(i)(a) of Indian Constitution, has definitely put the ruling party, Bharatiya janata Party (BJP), which is aiming to retain power for the third term, in a tight spot.

With the resignation of Arun Goel from the post of Election Commissioner citing "personal reasons"; the Election Commission of India, which consists of three members (one Chief Election Commissioner and two Election Commissioners) but already had a vacant position of Election Commissioner owing to the retirement of earlier incumbent Anup Chandra Pandey on attaining the age of superannuation on February 14 this year, is now left with only Chief Election Commissioner Rajiv Kumar.

This has raised the question of how the upcoming election to the 18th Lok Sabha is to be conducted without filling up the vacant posts in the 'autonomous' poll panel responsible for administering the election processes not only for the two houses of the Parliament and the state assemblies but also for the offices of President and Vice President in the country.

Even though the government is making plan to fill up the vacant posts in the Election Commission by March 15, appointment of two new election commissioners is not going to be an easy task this time as a leader of the opposition party, Indian National Congress (INC) had already filed a plea in the Supreme Court seeking to restrain the government from appointing the Chief Election Commissioner and other election commissioners as per Section 7 and 8 of the Chief Election Commissioner and other election commissioners' appointment conditions of service in terms of Office Act 2023 but to direct the appointment of members of the Election Commission as per the Arup Baranwal judgment.

On the other hand, even as the last February 15 judgment of the Supreme Court of India striking down the 2018 Electoral Bonds (EB) Scheme, an election funding system that guaranteed anonymity to funders of political parties, has already caused a setback to the BjP; dismissal of the plea filed by State Bank of India (SBI) for an extension till June 30 to comply with the apex court's earlier directive on providing details of the electoral bonds received by political parties has tightened the noose around the neck of the ruling party.

As a constitutional bench of Chief Justice DY Chandrachud, and Justices Sanjiv Khanna, BR Cavai, JB Pardiwala, and Manoj Misra had made it clear during the hearing of the SBI's extension plea along with contempt petitions filed by Association for Democratic Reforms (ADR), Common Cause, and the Communist Party of India (Marxist) against the public sector bank over its non-disclosure of vital details related to the electoral bonds on March 11, SBI has no more excuses to delay furnishing of the details sought regarding electoral bonds purchased from it anonymously by funders of political parties since April 12, 2019.

These details are to be handed over to the Election Commission of India so that the same could be published on the website of the poll panel for public knowledge and scrutiny.

What was notable in the dismissal of the SBI's plea for extension of deadline for complying with the apex court's directive was the fact that the constitutional bench did not fail to see through the trick of requesting for an extension till June 30, which is well after the conduct of elections to the 18th Lok Sabha elections.

The entire process of election to the 18th Lok Sabha is to be wrapped up before the tenure of the current 17th Lok Sabha ends on June 16, 2024.

Well, how could anyone afford to remain as ignorance as a new born child now to the question of which political party is going to affect the most when the details of the electoral bonds tumble out of the closely guarded and sealed silos of SBI.