The petitions have also sought a stay of the relevant provisions of the new Act regarding the appointment of the CEC and the ECs.
The Supreme Court on Wednesday agreed to take up on Friday an application seeking directions to the Centre to fill the two existing vacancies of Election Commissioners in the Election Commission of India (ECI) only as per the recommendation of a panel that would also include the Chief Justice of India.
The matter was mentioned before a bench presided by Justice Sanjiv Khanna.
In March 2023, a five-judge Constitution Bench of the court had ruled that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of a committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India.
Following this, Parliament brought the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, leaving out the CJI from the panel.
The Association for Democratic Reforms (ADR) and Madhya Pradesh Congress leader Jaya Thakur filed petitions against the Act in the Supreme Court. However, the Supreme Court had refused to stay the new law while hearing these pleas earlier.
With Arun Goel resigning as the Election Commissioner on March 10, 2024, the parties once again urged the court to take up their pleas. The other Election Commissioner Anup Kumar Pandey, too, had remitted office on February 14, 2024, after the completion of his term.
The plea said: “This has meant that currently there are two posts of Election Commissioners lying vacant and the Election Commission is functioning at less than the envisioned capacity of three official posts.”
“These vacancies have come at a crucial time for democracy when the General Elections are due to be announced any day of March. Now, the Executive has the ability to appoint two Election Commissioners, which can give an unfair advantage to the Executive. The role of the Election Commission is critical in ensuring free and fair elections and therefore, the appointments must also be seen to be fair and free from any bias or latches to the government of that time,” it added.
The petitions have also sought a stay of the relevant provisions of the new Act regarding the appointment of the CEC and the ECs.