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Court has said that it would hear the application 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' once it is listed by the Registry
Hearing the batch of petitions challenging the new law on appointment to the posts of Chief Election Commissioner and the Election Commissioners a Justice Sanjiv Khanna led bench today said, "We do not stay legislations by way of interim orders..".
The bench also comprising Justices Dipankar Datta and AG Masih added that the government would answer to the challenge during the course of hearing and no stay was to be ordered.
Senior Advocate Vikas Singh appearing for the petitioner told court today that the law was passed in complete disregard of the Supreme Court's directions in Anoop Baranwal judgment.
As the hearing progressed, the issue of recent appointment of election commissioners was also raised.
"Let the application of the appointments come up, we will take it up..", the court said on it.
The matter will now be heard on coming Thursday.
Two days back, a Justice Sanjiv Khanna led bench had said that it had received a message from the CJI saying that the instant case had been listed for today.
Congress party member, Dr Jaya Thakur, has 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 main petition has been filed 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 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 Ors vs. Union of India and Anr.
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