Plea in SC Seeks Direction to Restrain Govt from Appointing ECs

A plea has been filed in the apex court to restrain government from appointing election commissioners. Reports ETV Bharat's Sumit Saxena.

New Delhi: A plea has been moved in the Supreme Court seeking a direction to restrain the government from appointing election commissioners (ECs) as per Section 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and terms of office Act 2023).

The plea moved by Congress leader Jaya Thakur, through advocate Varun Thakur, said the plea has been filed by the “petitioner for declare the Section 7 and 8 of the chief election commissioner and other election commissioners (Appointment Conditions of Service and terms of office Act 2023, as ultra vires under Articles 14, 21, 50 and 324 of the Constitution of India, in as much as these are violates of the principles of free and fair election, apart from being contrary to the principles laid down by this court in the case of Anoop Baranwal Versus Union of India”.

Earlier, Thakur had moved the apex court challenging the validity of new law on appointment of chief election commissioner (CEC) and election commissioners (ECs). The new law has replaced the Chief Justice of India by a minister in a panel to be set up for the purpose of selecting the CEC and ECs , which is directly in conflict with a judgment delivered by the apex court. The apex court had issued notice on her plea on January 12.

The plea argued that during the pendency of this petition, one member of election commission Arun Goel resigned on March 9, 2024, which has been accepted by the president.

“That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member of new election Commissioner is require immediately, for that this Hon’ble Court given clear verdict in the case of Anoop Baranwal Versus Union of India….about the appointment process”, said the plea.

The plea sought immediate direction to the Centre to follow the norms/procedures for appointment of the posts of chief election commissioner and the election commissioners, as per verdict passed by the apex court in the case of “Anoop Baranwal Versus Union of India”.

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