The Supreme Court today refused to stay the appointments of new election commissioners (ECs) under Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, that excluded the Chief Justice of India from the selection panel.
A bench of Justice Sanjiv Khanna, Justice Dipankar Datta and Justice Augustine George Masih refused to stay the appointments made in accordance with the 2023 law. The bench said that generally they do not stay a law by way of an interim order.
The court deferred till March 21 the hearing on a batch of pleas challenging the appointments of two ECs under the 2023 law. Senior advocate Vikas Singh, appearing for petitioner Jaya Thakur, said when a judgment has been passed, there cannot be any transgression.
The Senior Advocate submitted that there was a clear-cut transgression in the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. He further read out a March 2, 2023 verdict of the apex court, in which a panel comprising the prime minister, the leader of opposition and the CJI was formed for the appointment of ECs and the chief election commissioner (CEC).
Subsequently, Justice Khanna asked Singh to read the direction given in the verdict and said it was held that the three-member panel will operate till Parliament comes up with a law on the issue. Senior Advocate Vikas Singh said the court had earlier stayed ordinances where there were transgressions of its verdicts.
Eventually, the bench asked Singh to file a fresh application (regarding the appointment of ECs) and said the court will hear the matter on March 21, along with other petitions that have challenged the 2023 law.
Meanwhile, another plea was filed by Thakur, a Congress leader from Madhya Pradesh, seeking to restrain the Centre from appointing new ECs in accordance with the 2023 law. The Congress leader has also challenged the provisions of the 2023 law.