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Synopsis

A Congress party member, Dr Jaya Thakur, on Monday filed a plea in the Supreme Court seeking a direction to the Union government not to appoint two Election Commissioners as per the provisions of the new law enacted in December, 2023 in view of announcement of Lok Sabha polls 2024 anytime soon.

Dr Jaya Thakur filed an application also for a direction to the Union government for appointment of two ECs as per the direction issued by the Constitution bench in 'Anoop Baranwal Vs Union of India'.

One Member of Election Commission namely Arun Goel resigned on March 9, which has been accepted by the President. One member, Anup Chandra Pandey had completed his term in February, leaving the Election Commission only with the Chief Election Commissioner.

The Prime Minister led panel has reportedly fixed a meeting around March 15 of the selection committee to pick up two Election Commissioners.

The plea also stated a writ petition has been filed by the petitioner declare the Section 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and terms of office Act 2023, as ultra vires under Articles 14, 21, 50 and 324 of the Constitution of India.

It contended there are violation of the principles of free and fair election, apart from being contrary to the principles laid down by this court in the case of “Anoop Baranwal Versus Union of India”.

"In view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member of new election Commissioner is required immediately," it stated.

In January, this year, the apex court refused to stay the operation of the new law for appointment of the Chief Election Commissioner and Election Commissioners by a panel which does not include the Chief Justice of India. The court, however, had issued notice in the matter.

The petitioner, among others, challenged validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.

The Law and Justice Ministry had notified the new Act on December 28, 2023.

In its judgment on March 2, 2023, the Supreme Court's Constitution bench had declared that the appointment of Chief Election Commissioner and Election Commissioners would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard.