The law in question, the Chief Election Commissioner and Other Election Commissioners Act, 2023, has been criticised for excluding the Chief Justice of India from the selection panel for Election Commissioners.
New Delhi: In a significant development, the Supreme Court is all set to hear a batch of pleas on Wednesday, challenging the validity of the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners, which dropped Chief Justice of India from selection panel for Election Commissioners.
The development comes after advocate Prashant Bhushan on Tuesday urged the apex court to hear the matter on an urgent basis, citing its importance for the future of democracy.
The law in question, the Chief Election Commissioner and Other Election Commissioners Act, 2023, has been criticised for excluding the Chief Justice of India from the selection panel for Election Commissioners.
Advocate Bhushan told a bench of Justices Surya Kant and N Kotiswar Singh that the matter is listed for hearing on Wednesday and requested it to be heard at the top of the board as it is exceedingly important for the future of the democracy.
Bhushan said, “A complete mockery has been made. Please have it as item 1 tomorrow.”
Justice Kant said, “We will see tomorrow subject to any other important matters. You make a mention tomorrow, then we can take it up. After urgent/fresh matters are over.”
In 2024, the apex court declined to put on hold the two Election Commissioners’ appointments under the Chief Election Commissioner and Other Election Commissioners Act, 2023.
It had dismissed all the applications seeking a stay on the appointment of two Election Commissioners saying elections are around the corner and a stay on the appointment would result in “chaos and uncertainty”.
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, advocate Gopal Singh.
At that time the apex court had refused to stay the operation of the Election Commissioner Act, 2023 issued notice to the Centre and sought a response in April.
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