‘Normally We Don’t Stay’, SC Agrees to Examine Pleas against Appointment of Two New ECs

The apex court will hear pleas to stay the new law that removes the Chief Justice of India from the selection panel appointing election commissioners. A bench of Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih heard the petitions. Reports ETV Bharat's Sumit Saxena.

New Delhi: The Supreme Court on Friday agreed to hear on March 21 a batch of petitions challenging the appointment of two new election commissioners under a 2023 law, in which the Chief Justice of India was dropped from the selection panel.

Senior advocate Vikas Singh, representing a petitioner, submitted before a bench led by Justice Sanjiv Khanna and comprising Justices Dipankar Datta and Augustine George Masih, that the apex court had delivered a judgment and it cannot be affront by a law. Singh opposed dropping the CJI from the selection panel for the election commissioners and sought a stay on the appointment of election commissioners since the selection did not include the CJI.

“Twice the matter had come up and on both the occasions….normally and generally we do not stay by interim order a legislative…”, said Justice Khanna. The bench told the counsel for parties to file an application seeking stay on appointments and then it will be examined. Another counsel said some safeguards should be provided in the meanwhile.

The bench asked the counsel to file an application and made it clear the court cannot accept oral submissions. “Let that application come up…”, said Justice Khanna. The apex court has scheduled the matter for further hearing on March 21.

A plea filed by the Association for Democratic Reforms said the appointment of two new election commissioners should be as per the apex court’s judgment, which mandated the presence of the Chief Justice of India on the selection panel.

“It is pertinent to mention that the Chief Justice of India has been removed and cabinet minister (to be nominated by the Prime Minister) has been added thereby restoring the previous law i.e. selection by executive thereby undermining the rule of law and threatening democracy”, said the plea.

The plea sought a stay on the implementation of Section 7 of The Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023.

The plea also sought a direction to Centre to appoint the vacant positions of election commissioners till the pendency of the writ petition, in accordance with the selection committee laid down by the apex court in Anoop Baranwal v. Union of India.

The plea stressed that the ruling government ought not have the dominant say in the appointment of members of Election Commission, as not only it is responsible for conduct of free and fair elections but also renders an adjudicatory role between the various political parties.

Therefore, in order to ensure purity of the election process and for proper implementation of the rule of law, it is in the interest of justice that stay may be granted, it added.