SC to hear Election Commissioner appointment law on February 4, post vacant after retirement of CEC

Supreme Court On EC Appointment: The Supreme Court has mentioned that it’s going to hear on February 4 the petitions difficult the law associated to the appointment of election commissioners. The petitioners had positioned this matter within the courtroom and demanded an early listening to. He had cited the post falling vacant due to the retirement of Chief Election Commissioner Rajiv Kumar on February 18.

Advocate Prashant Bhushan, on behalf of the petitioners, introduced the matter earlier than the bench headed by Justice Surya Kant. He mentioned that at current the Central Government is in a robust place within the choice course of of the Election Commissioner. This will not be appropriate as per the choice of the Constitution Bench in 2023. Senior advocate Gopal Shankaranarayan, showing for an additional petitioner, mentioned {that a} post is turning into vacant within the Election Commission in February. Before that the courtroom ought to give some order on the matter. The legal professionals requested the courtroom to hear the matter subsequent week.

Justice Surya Kant had mentioned that the case could be heard in February.

Responding to the petitioners, Justice Surya Kant mentioned that many instances are already on the checklist of listening to in January. It could be higher if the legal professionals current this matter earlier than him once more on third February, in order that the listening to on 4th February could be ensured. The choose additionally mentioned that the case is about difficult the law handed by the Parliament. This could require an in depth listening to.

What is the demand made within the petitions filed?

In the petitions filed within the Supreme Court, there was a requirement to embody the Chief Justice of the Supreme Court within the course of of appointment of the Chief Election Commissioner and Election Commissioners. On March 2, 2023, the Constitution Bench of the Supreme Court had dominated that the Election Commissioner needs to be chosen by the committee comprising the Chief Justice, PM and Leader of the Opposition. But whereas passing the brand new law, as a substitute of protecting the Chief Justice on this committee, the federal government has given place to the consultant nominated by the PM.

Congress chief Jaya Thakur, lawyer Gopal Singh, Association for Democratic Reforms, Lok Prahari and another petitioners have filed a petition towards the brand new law handed by the Parliament. In these petitions, Sections 7 and eight of the Chief Election Commissioner and Other Election Commissioners (Appointment) Act, 2023 have been challenged.

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