Supreme Court On EC Appointment: The Supreme Court has said that it will hear on February 4 the petitions challenging the law related to the appointment of election commissioners. The petitioners had placed this matter in the court and demanded an early hearing. 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, presented the matter before the bench headed by Justice Surya Kant. He said that at present the Central Government is in a strong position in the selection process of the Election Commissioner. This is not correct as per the decision of the Constitution Bench in 2023. Senior advocate Gopal Shankaranarayan, appearing for another petitioner, said that a post is becoming vacant in the Election Commission in February. Before that the court should give some order on the matter. The lawyers requested the court to hear the matter next week.
Justice Surya Kant had said that the case would be heard in February.
Responding to the petitioners, Justice Surya Kant said that many cases are already on the list of hearing in January. It would be better if the lawyers present this matter before him again on 3rd February, so that the hearing on 4th February can be ensured. The judge also said that the case is about challenging the law passed by the Parliament. This may require a detailed hearing.
What is the demand made in the petitions filed?
In the petitions filed in the Supreme Court, there has been a demand to include the Chief Justice of the Supreme Court in the process of appointment of the Chief Election Commissioner and Election Commissioners. On March 2, 2023, the Constitution Bench of the Supreme Court had ruled that the Election Commissioner should be selected by a committee consisting of the Chief Justice, the PM and the Leader of the Opposition. But while passing the new law, the government instead of keeping the Chief Justice in this committee, has given place to the representative nominated by the PM.
Congress leader Jaya Thakur, lawyer Gopal Singh, Association for Democratic Reforms, Lok Prahari and some other petitioners have filed a petition against the new law passed by the Parliament. In these petitions, Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment) Act, 2023 have been challenged.
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