AJIT SINGH versus CHIEF ELECTION COMMISSIONER OF INDIA & ORS.

AJIT SINGH versus CHIEF ELECTION COMMISSIONER OF INDIA & ORS.

After the 1979 amendment, the discretion for appointment of Private Secretary to the Chief Election Commissioner is valid, necessary for ensuring trust and confidentiality, and abolishes mandatory U.P.S.C. consultation; the choice cannot be called into question.

Parties
Appellant: Ajit Singh; Respondents: Chief Election Commissioner of India & Ors.
Jurisdiction
India
Judgment Date
26 September 1989
Procedural Posture
Civil Appeal / Appeal From Delhi High Court, Letters Patent Appeal Dismissed, Special Leave Granted
Outcome
Appeal dismissed
Legal Topics
Appointment Procedures, Election Commission Staff Recruitment, Discretion in Appointments, Departmental Promotion Committee
Constitutional Law Service Law Appointment Procedures Election Commission Staff Recruitment Discretion in Appointments Departmental Promotion Committee

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Ajit Singh

Appellant

Chief Election Commissioner of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court, Letters Patent Appeal Dismissed, Special Leave Granted

Legal Issues

  1. 1 Whether the Chief Election Commissioner's discretion to appoint Private Secretary is valid under amended rules
  2. 2 Whether consultation with U.P.S.C. is obligatory after the 1979 amendment
  3. 3 Whether the amendment was mala fide or arbitrary

Ratio Decidendi

After the 1979 amendment, the discretion for appointment of Private Secretary to the Chief Election Commissioner is valid, necessary for ensuring trust and confidentiality, and abolishes mandatory U.P.S.C. consultation; the choice cannot be called into question.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs