The Supreme Court on March 21 refused to stay the recent appointment of two new election commissioners under the appointment of Chief Election Commissioner (CEC) and election commissioners (EC) under the 2023 act.
A bench led by Justice Sanjiv Khanna said, "The applications are dismissed, detailed orders to follow."
The court opined that in view of the upcoming Lok Sabha elections and the balance of convenience was not in favour of granting a stay of the elections. The court furthermore criticised the government for appointing the election commissioners in a hurry. "You could have gone slower," Justice Khanna said.
Last week, the government filled two vacancies in the ECI that had arisen after the retirement of Anup Chandra Pandey on February 14 and sudden resignation of Arun Goel. Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed in their place.
As per the law, the panel responsible for the selection of CECs and other ECs includes the Prime Minister, the leader of the Opposition, and a Union Cabinet minister. The President gave approval to the CEC and other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the last week of December, and it was officially published in the gazette on December 28.
In March 2023, the apex court had ruled that the appointment of the CECs and ECs will be done by the president on the advice of a committee comprising the prime minister, leader of the Opposition in the Lok Sabha and the chief justice of India.
A five-judge Constitution Bench headed by Justice KM Joseph, in a unanimous verdict, held that this norm will continue to hold good till a law on the issue is made by Parliament. However, the judgement has now been nullified by Parliament with the passage of the Elections Commissioners Bill.
According to the bill, the candidates for top posts in the poll panels will be chosen by a selection committee comprising the prime minister, the leader of the Opposition in the Lok Sabha and a Union cabinet minister nominated by the PM, essentially removing the CJI.
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