Appoint Arun Goel's Replacement In Election Commission Only As Per SC Judgment & Not New Act : Plea In Supreme Court

This development occurred two days after Election Commissioner Arun Goel resigned, leaving the Election Commission with just one member, Chief Election Commissioner Rajiv Kumar.

Underscoring that the Lok Sabha Election 2024 may be announced shortly, a direction has been sought against the Union to immediately appoint a new member of the Election Commission in accordance with Anoop Baranwal's decision.

It may be recalled that through this landmark decision, the constitution bench led by Justice (Retd) KM Joseph mandated the inclusion of the Chief Justice of India in the appointment process of the election commissioners. This was to operate till the Parliament enacted a law regulating it in view of the need for an independent and unbiased selection panel. However, the new law, passed by Parliament in December 2023, excluded the Chief Justice of India from the panel to select the chief election commissioner and election commissioners.

Following this, Thakur filed a writ petition in January questioning the constitutionality of the Act. Imperatively, the instant application is a part of this writ petition.

It may also be noted that while the Division Bench of Justices Sanjiv Khanna and Dipankar Datta agreed to hear this writ petition, they refused to issue an immediate stay on the legislation.

Thakur, the general secretary of the Madhya Pradesh Mahila Congress Committee, has argued against, among other things, the contentious removal of the Chief Justice, alleging that this is ultra vires Articles 14, 21, 50, and 324 of the Constitution since it violates the principles of free and fair election. 

Pertinently, a high-level selection panel headed by Prime Minister Narendra Modi is likely to fill the impending vacancies in the Election Commission by March 15. 

In related news, another public interest litigation (PIL) petition has been filed in the Supreme Court asking to set aside a December 28 gazette notification for the appointment of the chief election commissioner and other election commissioners in terms of the election commissioners' act. The petitioners, regular practicing advocates, have argued for the implementation of an independent and transparent selection system, constituting a neutral committee for appointing the chief election commissioners and other election commissioners and the inclusion of the Chief Justice of India in the selection panel.

Case Title: Dr. Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No. 14 of 2024