Read Time: 04 minutes
In March, the top court had refused to stay the impugned law saying that would lead to uncertainty and confusion, if not chaos
Chief Justice of India Sanjiv Khanna today recused from hearing the plea challenging the new law on appointment to the posts of Chief Election Commissioner and the Election Commissioners.
CJI Khanna told the petitioners that the case will now be listed in January before a different bench.
Earlier this year, a bench of Justices Sanjiv Khanna and Dipankar Datta had dismissed the applications for stay on Section 7(1) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 which substituted the Chief Justice of India with a Union Cabinet Minister in the Selection Committee.
It was further said any interjection or stay will be highly inappropriate and improper as it would disturb the 18th General Election for the Lok Sabha scheduled between April 19, 2024 till June 01, 2024.
Congress party member, Dr Jaya Thakur and other filed a writ petition to 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 has also been 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”.
As per the said Sections appointment to the posts of Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister.
Notably, in the Anoop Baranwal judgment, Justice KM Joseph, heading the constitution bench had clarified that the committee propounded by it will function till the time Parliament enacts a law in this regard.
The Constitution Bench also comprising Justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar made these directions in a batch of petitions recommending reform in the process of appointment of members of the Election Commission of India.
Case Title: Dr Jaya Thakur and Anr vs. Union of India and Anr.
Please Login or Register
