The Aryavarth Express
Agency (New Delhi): The Supreme Court has refused to stay the appointments of new Election Commissioners (ECs) made under the recently enacted 2023 law, which excluded the Chief Justice of India from the selection panel.
A bench of Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih heard the matter on Friday and told the petitioners, who had sought a stay on the appointments, that the court normally does not stay a law by way of an interim order.
The court deferred the hearing on a batch of pleas challenging the appointment of two new ECs under the 2023 law to March 21.
Senior advocate Vikas Singh, appearing for the petitioner Jaya Thakur, argued 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 contended that when a judgment is passed, there cannot be any transgression, referring to the court’s previous rulings on the appointment of ECs.
However, the bench refused to stay the appointments, which were made in accordance with the 2023 law. Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were appointed as the new Election Commissioners on Thursday, selected by a panel chaired by Prime Minister Narendra Modi.
The court’s decision not to stay the appointments comes despite the petitioners’ argument that the meeting for the selection of ECs was “pre-poned”. The bench, however, asked the petitioners to file a separate application pointing out this fact.
The case highlights the ongoing legal battle over the composition of the Election Commission and the changes made by the government through the 2023 law. The Supreme Court’s final verdict on the matter will be closely watched, as it could have significant implications for the independence and functioning of the electoral body.
