SC adjourns hearing of pleas challenging law on Election Commissioners' appointment
.
The Supreme Court on Wednesday adjourned the hearing of a batch of petitions challenging validity of the law relating to the appointment of
Chief Election Commissioner
(CEC) and Election Commissioners, which dropped Chief Justice of India from selection panel for Election Commissioners.
A bench of Justices Surya Kant and N Kotiswar Singh indicated that it may hear the matter next week, subject to the cases listed before it.
Advocate Prashant Bhushan, appearing for the NGO
Association for Democratic Reforms
(ADR), told the bench that the matter be heard today and tomorrow, and the hearing can be concluded.
Justice Kant said there is a three-judge bench part heard matter tomorrow.
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"We wish we can work 24 hours. After reading 50 files per night... how much energy left to hear this regular matter," said Justice Kant.
Let's see what we can do in this case next week, said the bench, indicating that it may hear the case next week.
In 2024, the apex court had declined to put on hold the two Election Commissioners' appointment under the Chief Election Commissioner and Other Election Commissioners Act, 2023.
The pleas were filed in the apex court seeking a stay on the Act by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh.
The pleas challenged the Election Commissioners' law that has dropped the Chief Justice of India from the selection panel for appointing CEC and other Election Commissioners (ECs).
The petitions stated that the provisions of the enactment are violative of the principle of free and fair elections since it does not provide an "independent mechanism" for appointment of the members of the
Election Commission of India
(ECI).
The petitions said the Act excludes the Chief Justice of India from the process of appointment of the members of ECI and it's in violation of the March 2, 2023 verdict of the top court which had ordered that the appointment of members of the ECI be done on the advice of a committee comprising the Prime Minister, the CJI and the Leader of Opposition in Lok Sabha till a law is made by the Parliament.
By excluding the CJI from the process, the judgement of the Supreme Court stands diluted as the Prime Minister and his nominee will always be "the deciding factor" in the appointments, said the petitions.
The petitions in particular challenged Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The provisions lay down the procedure for the appointment of ECI members.
They sought direction from the Centre to include the Chief Justice of India in the selection committee for the appointment of the CEC and ECs, which currently comprises the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
The Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
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