SC to hear on March 15 plea seeking to restrain fresh appointments to ECI

NEW DELHI — The Supreme Court on Wednesday agreed to hear on March 15 the plea seeking to restrain fresh appointments to the Election Commission of India (ECI) in accordance with the legislation which excludes the Chief Justice of India (CJI) from the process of appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).

 “We will keep it on Friday,” a Bench presided over by Justice Sanjiv Khanna told advocate Prashant Bhushan, who appeared on behalf of the petitioner Association for Democratic Reforms and had mentioned the matter for urgent hearing.

The plea seeks directions to appoint the member of the poll body as per the March 2023 Constitution Bench judgment of the apex court requiring the appointment to be done by the President of India on the advice of a panel comprising the Prime Minister (PM), Leader of Opposition (LoP) and the CJI.

On the contrary, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 provides that the CEC and the ECs will be appointed by the President on the recommendation of a Selection Committee consisting of the PM, LoP in the Lok Sabha and a Union Cabinet Minister to be nominated by the PM.

A Bench presided over by Justice Sanjiv Khanna in January had issued a notice to the Centre and others on a PIL filed by Congress leader Jaya Thakur against the legislation introduced by Parliament.

However, the Bench, also comprising Justice Dipankar Datta, had refused to pass any interim order staying the implementation of the Act.

“There will not be a stay. We cannot stay a statute like this,” it had said.