New Delhi- Gyanesh Kumar, who as a senior Union Home Ministry official played a key role in the government’s move to abrogate provisions of Article 370 in Jammu and Kashmir and setting up the Ram temple trust, will assume the office of the chief election commissioner on Wednesday.
Kumar retired as Secretary in the Cooperation ministry in January 2024 and was appointed as an election commissioner in March 2024. He will become the 26th CEC, a day after incumbent Rajiv Kumar demits office on Tuesday evening.
He along with fellow election commissioner Sukhbir Singh Sandhu was appointed on the same day and was part of the Commission when the 2024 Lok Sabha polls were held.
Kumar is the first CEC to be appointed under a new law on the appointment of the members of the Election Commission (EC).
His term will run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
According to law, CEC and ECs demit office on attaining the age of 65 years or completing six years in the poll panel, whichever is earlier. Gyanesh Kumar will turn 65 on January 27, 2029.
During his tenure as the CEC, Kumar will oversee the Bihar Assembly polls later this year, and the Kerala and Puducherry Assembly polls in 2026.
Similarly, he will oversee the assembly polls in Tamil Nadu and West Bengal, which are also due in 2026.
Besides the various assembly polls, he will also oversee the elections for President and Vice-President in 2027.
Kumar 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.
During his tenure in the ministry, he had also played a key role in setting up the Ram Temple trust post the Supreme Court verdict. He is also learnt to have closely monitored the SC hearings on Ram temple on a regular basis.
His appointment on Monday had come hours after the Congress asked the government to defer its decision on the new CEC and EC till the Supreme Court concludes its hearing on a petition challenging the composition of the selection panel.
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.
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.
SC To Hear Pleas Against CEC, ECs Appointments
The Supreme Court on Tuesday said it would on February 19 take up on “priority basis” the pleas against the appointments of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law.
A bench of Justices Surya Kant and N Kotiswar Singh was informed by advocate Prashant Bhushan, appearing for an NGO, that despite the Constitution bench verdict of 2023 directing selection and appointment of the CEC and ECs through a panel including the Chief Justice of India, the government excluded the CJI and made a “mockery of democracy”.
He said, “The matter is listed on February 19 but it is listed as item number 41. The government has appointed the CEC and EC as per 2023 law disregarding the view taken by a constitution bench. Kindly take up on top of the board as the matter requires urgent consideration.”
Advocate Varun Thakur, appearing for petitioner Jaya Thakur, said three appointments were made by the government under the new law, which was under challenge.
The bench assured Bhushan and other parties that after some urgent listed matters, it would take up the petitions for hearing on February 19.
On February 17, the government appointed EC Gyanesh Kumar as the next CEC.
Kumar is the first CEC to be appointed under the new law and his term would run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was appointed as an election commissioner.
Born on May 21, 1966, Joshi (58) would serve in the poll panel till 2031.
According to the law, a CEC or an EC retires at 65 or can have a tenure in the poll panel for six years.
On February 12, the top court fixed February 19 to hear pleas against the appointment of the CEC and EC under the 2023 law saying if anything happens in the interregnum, the consequences were bound to follow.
It said the issue would be decided on merit and finally.
Bhushan had submitted that the 2023 verdict held that the election commissioners have to be selected for appointment by an independent panel comprising the prime minister, Leader of Opposition and Chief Justice of India.
“They have brought an Act by which they have removed the chief justice and brought in another minister, effectively making the commissioners appointment only at the pleasure of the government. You need to have an independent committee to appoint the election commissioners,” he said.
On March 15, 2024, the top court refused to stay the appointments of the new ECs under the 2023 law which excluded the CJI from the selection panel and deferred the hearing on a batch of pleas challenging the appointments.
The apex court told the petitioners that the March 2, 2023 verdict directed for the three-member panel comprising the Prime Minister, Leader of Opposition and the CJI to operate till Parliament enacted a law.
The NGO Association for Democratic Reforms has challenged the CJI’s exclusion and contended the election commission should be insulated from “political” and “executive interference” for maintaining a healthy democracy.
ADR’s plea alleged the verdict was overruled by the Centre without removing its basis and the composition of the selection committee under the new law which amounted to excessive interference of the executive in the appointments and was detrimental to the independence of the poll panel.
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