Appointment of Dinesh Waghmare as SEC raises legal concerns

With extensive experience in key administrative roles, including serving as Additional Chief Secretary in the Medical Education Department and as the Chairman of the Maharashtra State Electricity Distribution and Transmission Companies, Waghmare is expected to manage the electoral process for municipal corporations, panchayats, and zilla parishads across the state. Despite his impressive credentials, his appointment has due concerns due to timing of appointment and the landmark 2021 Supreme Court ruling on the independence of SECs, as before his appointment, he was serving as the Principal Secretary of Medical Education and Drugs department with additional responsibility of Employment Guarantee Scheme in Maharashtra. 

The Court’s ruling states that SECs must not hold any other government post, stating that the position must remain free from any political influence to ensure the fairness and credibility of the electoral process. This decision arose from the case State of Goa & Anr. Vs. Fouzia Imtiaz Shaikh & Anr., (2021) where the Court declared that the appointment of a serving government official to the SEC post, like the Law Secretary in Goa, violated constitutional mandates and rendered the office less autonomous. The ruling emphasised that SECs should be independent figures who do not hold other governmental positions, as their primary role is to oversee elections without political interference. In light of this, Waghmare’s appointment as a serving IAS officer who has held prominent government posts raises concerns that it may not align with the Supreme Court’s directive for SEC independence.

However, his role, even if not directly in conflict, could potentially undermine the impartiality of the electoral process, thereby questioning the government’s adherence to the 2021 ruling and the spirit of independence intended for such a crucial constitutional office. 

State election commissioners have to be independent persons, SC held in 2021

The appointment of Waghmare occurs against the backdrop of a significant 2021 Supreme Court ruling regarding the independence of State Election Commissioner (SEC).  On March 12, 2021, the Court ruled in State of Goa & Anr. Vs. Fouzia Imtiaz Shaikh & Anr. (Civil Appeal No. 881 of 2021), where a three-judge bench, led by Justices Rohinton Fali Nariman, B.R. Gavai, and Hrishikesh Roy, set aside the reservation order issued on February 4, 2021, by the Director of Municipal Administration, Goa, and the election notification dated March 4, 2021, issued by the State Election Commissioner (SEC), GIA. These actions altered the original election schedule. 

In the case, the Governor of Goa had appointed the Law Secretary of the Government of Goa, an IAS officer, as the State Election Commissioner on November 3, 2020. The Law Secretary’s duties as SEC were to be in addition to his responsibilities as Law Secretary. Furthermore, on November 5, 2020, Municipal Administrators were appointed by the Department of Urban Development for various municipal councils whose terms had expired. A subsequent notification on January 14, 2021, by the Goa SEC postponed elections for three months, until April 2021 or a later date to be determined by the Commission.

The Supreme Court, however, criticized the government for assigning such an important constitutional office to an individual already under the control of the state government. The bench described this action as a “mockery of the constitutional mandate.”

The Court ruled that, “The State Election Commissioner has to be a person who is independent of the State Government as he is an important constitutional functionary who is to oversee the entire election process in the state qua panchayats and municipalities.”

The Court’s ruling stated, “We therefore declare that the additional charge given to a Law Secretary to the government of the state flouts the constitutional mandate of Article 243K. The State Government is directed to remedy this position by appointing an independent person to be the State Election Commissioner at the earliest. Such person cannot be a person who holds any office or post in the Central or any State Government. It is also made clear that henceforth, all State Election Commissioners appointed under Article 243K in the length and breadth of India have to be independent persons who cannot be persons who are occupying a post or office under the Central or any State Government.”

The Court further ordered, “If there are any such persons holding the post of State Election Commissioner in any other state, such persons must be asked forthwith to step down from such office and the State Government concerned be bound to fulfil the constitutional mandate of Article 243K by appointing only persons to this high constitutional office. The directions contained in this paragraph are issued under Article 142 of the Constitution of India so as to ensure that the constitutional mandate of an independent State Election Commission which is to conduct elections under Part IX and IXA of the Constitution be strictly followed in the future.”

The Judgement of Supreme Court dated March 12, 2021 can be read here:

The appointment of Waghmare: resign from his current post to assume the role of SEC

The new appointment of Dinesh Waghmare, as Maharashtra’s new State Election Commissioner raises questions regarding the independence of the position. Waghmare, who was scheduled to retire in June 2025, has opted to resign from his current post to assume the role of SEC for a five-year term. While this move may appear routine from an administrative perspective, it carries potential implications for the impartiality and autonomy of the election commission—especially when viewed through the lens of the Supreme Court’s 2021 ruling in the Fouzia Sheikh case.

Waghmare’s appointment: resignation or conflict of interest?

That Waghmare has had to resign from his position as Principal Secretary of the Medical Education and Drugs Department to accept the SEC role presents a dilemma. However, the question arises: can someone with an extensive background within the government truly maintain the independence required to oversee elections?

The essence of the Court’s ruling was that individuals with governmental ties should not hold such a sensitive position. Waghmare, despite his resignation, remains an active part of the government system until the moment of his transition to the SEC. This brings into question whether his new role will truly be independent or whether his past associations could influence the conduct of elections.

Blurring the lines between government and the Election Commission

The Supreme Court’s ruling was crystal clear in its assertion that the SEC must operate free from any governmental influence. However, Waghmare’s appointment, risks blurring the lines between the government and the election commission. The SEC is meant to be a neutral body overseeing elections at the grassroots level, but if it is headed by someone who has recently held significant positions within the government, how impartial can the election process truly be? Waghmare’s appointment challenges the spirit of the Supreme Court’s decision, which intended to prevent any undue political influence over elections.

Does this appointment affect the integrity of the election process?

The Court’s ruling focused on ensuring that the SEC is perceived as independent, with no ties to the government. By appointing Waghmare, a former government official, the Maharashtra government may be perceived as bypassing the constitutional safeguards put in place to protect the neutrality of the election process. The timing of his appointment, just ahead of crucial local body elections, only amplifies these concerns. The SEC is responsible for ensuring that elections are fair and transparent, but can an individual with recent government affiliations truly be seen as a neutral figure in such a critical role?

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