After New CEC Appointment, Petitioners Urge Supreme Court To Hear Pleas Challenging Election Commissioners' Act Tomorrow

A day after the appointment of the new Chief Election Commissioner, the petitioners who have challenged the law on the appointment of Election Commissioners today requested the Supreme Court to hear the matter on top priority tomorrow itself.

Though the petitions are listed as item number 41 tomorrow, Advocate Prashant Bhushan requested Justice Surya Kant (who is presiding over the bench) to hear it as the first item, saying that there was less likelihood of the 41st item being taken up.

"It is listed tomorrow as item 41, I am requesting that it be taken at top of the Board. It's exceedingly important for the future of our democracy," Bhushan, who is representing the Association for Democratic Reforms, submitted.

"They are making a mockery by appointing Election Commissioners in violation of the Constitution Bench judgment (in Anoop Baranwal), relying upon this new Act which we have challenged. I won't take more than 15-20 mins," he added.

Justice Kant declined to alter the present listing of the matter and asked the petitioners to wait for tomorrow. 

Advocate Varun Thakur, appearing for another petitioner, submitted, "Last 3 appointments have been in the same routine manner." Justice Kant, however pointed out that the Supreme Court had earlier rejected the plea to stay the operation of the Act.

"You make a mention tomorrow, then we can take up. After urgent/fresh matters are over," Justice Kant said.

The Court had earlier agreed to hear the matter before the appointment of the new CEC following the retirement of Rajiv Kumar and posted it to Febraury 12. However, the case was not listed on February 12 and got posted to February 19.

Yesterday, Election Commissioner Gyanesh Kumar was elevated as the Chief Election Commissioner.

To recap, the subject pleas challenge constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel appointing Election Commissioners (ECs). 

The Election Commissioners' Act was passed by the Parliament in December 2023, few months after the Supreme Court in March 2023 ruled that ECs should be appointed by a panel comprising the Prime Minister, the Leader of Opposition and the Chief Justice of India till a law is enacted. The Court passed this direction to ensure that the ECs are appointed in an independent manner, free of influence by the executive.

According to the Act, Election Commissioners are selected by a committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha. 

The enactment of the Election Commissioners' Act triggered a cascade of litigation, with Congress leader Jaya Thakur, the Association for Democratic Reforms, and others approaching the apex court.

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