Gyanesh Kumar appointed new Chief Election Commissioner

Election Commissioner Gyanesh Kumar, a seasoned 1988-batch Indian Administrative Service (IAS) officer from the Kerala cadre, has been appointed 26th Chief Election Commissioner (CEC) of India, taking over from Rajiv Kumar.

The selection committee, headed by Prime Minister Narendra Modi, met in New Delhi on Monday (February 17) evening and made the decision.

Rahul requests to defer decision till SC hearing

Besides Modi, Union Home Minister Amit Shah, Union Law Minister Arjun Meghwal and Leader of the Opposition Rahul Gandhi are part of the panel to select the CEC. However, Rahul has asked the government to defer the decision pending a Supreme Court hearing.

As a matter of precedent, the senior-most Election Commissioner (EC) used to get elevated as the CEC following the retirement of the incumbent.

Also read: New CEC: Modi-led panel finalises name, but Cong wants decision deferred

After Rajiv Kumar, Gyanesh Kumar is the senior-most election commissioner. His tenure as Election Commissioner will end on January 26, 2029.

Vivek Joshi appointed Election Commissioner

Kumar is the first CEC to be appointed under a new law on the appointment of the members of the Election Commission (EC).

Vivek Joshi, a 1989-batch Haryana-cadre Indian Administrative Service (IAS) officer, has been appointed as an election commissioner.

Born on May 21, 1966, Joshi (58) will serve in the poll panel till 2031.

According to law, a CEC or an EC retires at the age of 65 or can have a tenure in the poll panel for six years.

Earlier, Sushil Chandra, who was serving as the Central Board of Direct Taxes (CBDT) chairman, was appointed as an EC. He resigned from the CBDT before joining the poll authority.

Joshi, a former Haryana chief secretary, was on central deputation since January 2019.

Who is Gyanesh Kumar?

Kumar is a 1988-batch Kerala-cadre IAS officer.

After completing his B.Tech in Civil Engineering from the Indian Institute of Technology (IIT), Kanpur, he studied Business Finance in ICFAI, India and Environmental Economics in HIID, Harvard University, US.

Also read: Chief Rajiv Kumar retiring: Looking back at his tumultuous tenure

He has worked in the government of Kerala as the assistant collector of Ernakulam, sub-collector of Adoor, managing director of the Kerala State Development Corporation for SC/ST, municipal commissioner of the Corporation of Cochin, besides holding other posts.

As a secretary to the government of Kerala, Kumar handled diverse departments, such as finance resources, fast-track projects and the public works department.

In the government of India, he has rich experience of working as the joint secretary in the Ministry of Defence, joint secretary and additional secretary in the Ministry of Home Affairs, secretary in the Ministry of Parliamentary Affairs and secretary in the Ministry of Cooperation. He superannuated on January 31, 2024.

To oversee Bihar, TN elections

Kumar will lead EC for the upcoming Bihar Assembly elections later this year, followed by state polls in West Bengal, Kerala, Assam, and Tamil Nadu in 2026.

Kumar, who played a key role in implementing decisions following the abrogation of Article 370 of the Constitution in Jammu and Kashmir during his stint in the Union home ministry, took charge as an election commissioner on March 15, 2024.

Watch: EC appointment plea: More leeway for Centre?

His appointment came hours after the Congress asked the government to defer its decision on the new CEC till the Supreme Court concludes its hearing on February 19 on a petition challenging the composition of the selection panel.

SC hearing on Wednesday

The Congress's demand was put forth by Leader of Opposition in the Lok Sabha Rahul Gandhi during a meeting of the selection panel chaired by Prime Minister Narendra Modi, sources said.

The meeting took place in the South Block office of the prime minister. Besides Modi and Gandhi, Home Minister Amit Shah is the third member of the selection panel.

Rahul is 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.

Govt wants to control EC: Congress

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 Rahul attended it.

He 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.

Watch: Discussion: Will SC stall new CEC's appointment?

"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."

Inclusion of CJI

Singhvi said the essence of the Congress' stand is that the letter and spirit of the Constitution have to be followed.

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 (CJI) 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

(With inputs from agencies)