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Synopsis

The Supreme Court will hear the plea challenging the new law on appointment to the posts of Chief Election Commissioner and the Election Commissioners on March 15.

A Justice Sanjiv Khanna led bench said that it had received a message from the CJI saying that the case had been listed for Friday.

Court said so after a mentioning was made by Advocate Prashant Bhushan for hearing of the petition in view of one member of Election Commission namely Arun Goel resigning on March 9.

Congress party member, Dr Jaya Thakur, on Monday also filed an application 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.

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”.

The plea seeks to declare Section 7 and 8 of THE CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS (APPOINTMENT, CONDITIONS OF SEVICE AND TERM OF OFFICE) ACT, 2023 as ultra vires under Articles 14, 21, 50 and 324 of the Constitution 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.