New Delhi/IBNS: The Congress party has objected to the selection of a Chief Election Commissioner stating that the law for appointment to post was challenged in the Supreme Court.

Leader of the Opposition Rahul Gandhi was present at a meeting with Prime Minister Narendra Modi and Union Home Minister Amit Shah this evening to pick a successor to Rajiv Kumar who retires on Tuesday.

However, following the meeting, Gandhi submitted a dissent note, stating the meeting should not have been held since the matter is pending in the Supreme Court.

The top court is expected to hear the matter on February 22.

"When the Supreme Court indicated that it would be hearing the matter on the 22nd, we wanted the meeting to be postponed. The legal team of the Congress has also endorsed the decision," the Congress said.

"We can't operate in ego and the meeting has to be postponed so that the Supreme Court takes an early decision," NDTV quoting Congress sources reported.

The Congress has also alleged that the government wants to control the Election Commission and is not concerned about its credibility.

Traditionally, the President of India appoints the Chief Election Commissioner on the advice of the Prime Minister. The appointee has to be the senior most of the two remaining election commissioners.

If the rule is followed, Gyanesh Kumar is likely to be appointed as the next CEC.

However, this time, the new CEC is expected to be appointed under a new law  - Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023.

Under this, a committee headed by the law minister will shortlist five candidates, and the selection team comprising the Prime Minister, the Leader of the Opposition, and a cabinet minister will make the final call.

This law, however, has been challenged in the Supreme Court. The point of contention is that including a cabinet minister instead of the Chief Justice, as was expected, violates the panel's neutrality.