SC in no hurry, to hear pleas against law on poll panel appointments Mar 19
This story was originally published at 20:33 IST on 19 February 2025
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NEW DELHI – In a setback for the Opposition, the Supreme Court Wednesday did not take up the petitions challenging the law to appoint the chief election commissioner and election commissioners. Despite advocate Prashant Bhushan, representing petitioner Association for Democratic Reforms, mentioning the matter multiple times, the court did not take the case up on priority. The bench headed by Justice Surya Kant posted the matter for hearing on Mar. 19.
On Tuesday, opposition parties had attacked the government for notifying the appointment of Gyanesh Kumar as the new chief election commissioner late Monday night. Leader of the Opposition in the Lok Sabha Rahul Gandhi termed the decision disrespectful and discourteous, pointing out that the apex court was set to hear petitions challenging the selection process in less than 48 hours.
During Monday's meeting of the committee to select the chief election commissioner and election commissioners, Gandhi submitted a dissent note asking the committee to postpone the appointment until the apex court decides on the petitions. Congress leaders even alleged that the government decision to hastily hold the meeting and appoint the new chief election commissioner showed it was keen to circumvent the apex court's scrutiny and get the appointment done before a clear order kicks in. The selection committee comprises Prime Minister Narendra Modi, Home Minister Amit Shah, and the leader of the Opposition in the Lok Sabha.
Gyanesh Kumar took charge as chief election commissioner Wednesday. He succeeded Rajiv Kumar. The new chief election commissioner was appointed under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, enacted by Parliament in December 2023 after the Supreme Court's intervention in the appointment of election commissioners.
In its judgment of Mar. 2, 2023, the court had ruled that a selection committee comprising the prime minister, the leader of the Opposition in the Lok Sabha, and the chief justice of India would select the chief election commissioner and election commissioners, until Parliament enacted a law. The law enacted in December that year excluded the chief justice from the selection committee. The Association for Democratic Reforms, Congress leader Jaya Thakur, and several others have challenged this.
Last year, the court had refused to stay the appointment of election commissioners Sukhbir Singh Sandhu and Gyanesh Kumar under the new law. It had also rejected the applications seeking a stay on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. The court had said it would hear the main petitions challenging the new law and sought the government's reply. End
Reported by Kuldeep Singh
Edited by Rajeev Pai
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