Hearing on petitions filed against appointment of CEC and EC under new law on 12 February

New Delhi:

The Supreme Court on Monday fixed the date of February 12 for hearing the petitions filed against the appointment of Chief Election Commissioner (CEC) and Election Commissioners (EC) under the 2023 law. Justice Suryakant and Justice N. A bench of Kotishwar Singh said that it will decide on this issue on the basis of merit and deception.

Advocate Prashant Bhushan, appearing on behalf of an NGO named ‘Association for Democratic Reforms’, said that the matter was listed on February 4 but it is unlikely to be heard due to other cases.

On February 18, Bhushan, citing the retirement of the current Chief Election Commissioner (CEC) Rajiv Kumar, said that immediate hearing is required on the matter as it comes under the 2023 decision of the Constitution Bench.

He said that the 2023 judgment said that the Election Commissioners should be appointed not only by the government but by an independent committee with the Prime Minister, Leader of Opposition and the Chief Justice of India, otherwise it will be a threat to electoral democracy.

Bhushan said, ‘They have brought an Act under which they have removed the Chief Justice from the committee and have brought the other minister, which effectively depends on the will of the government. The Constitution Bench has rightly said that this is against equal opportunity and our electoral democracy. You need an independent committee to appoint Election Commissioners.

Advocate Varun Thakur, who appeared on behalf of Jaya Thakur of the petitioner Congress, said that he has filed a petition to direct the Center that the Chief Election Commissioner should be appointed as per the decision of March 2, 2023 of the Constitution Bench.

The Supreme Court’s two March 2023 judgment said that the appointment of Election Commissioners and Chief Election Commissioner in the hands of the executive would be harmful to the health of democracy of the country, and free and fair elections.

On behalf of the Center, Solicitor General Tushar Mehta opposed Bhushan’s plea and his request of interim order. Mehta said that another bench of the court has refused to pass the interim order. He said that the Center is ready to debate in the matter and the court can decide the final hearing of the case.