'Court won't normally stay law,' SC on plea to restrain Govt on appointment of ECs as per new law

NEW DELHI: The Supreme Court on Friday said the court normally won't stay a legislation by interim order as it agreed to examine on March 21 a matter related to appointment of two Election Commissioners per the law passed by Parliament in December, 2023.

A bench of Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih said it would consider the applications for staying the implementation of Section 7 of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which dropped the CJI from the panel on appointment of the constitutional body.

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"Let the interlocutory applications come up for hearing," the bench told senior advocates Kapil Sibal, and Vikas Singh and advocate Prashant Bhushan appearing for applicants.

The bench also pointed out the matter has come before the court twice earlier and it was pointed out that the court normally won't stay a legislation by interim order.

Senior advocate Vikas Singh, appearing for a petitioner, contended that the government has preponed the meeting of the panel to select two Election Commissioners.

He asked the court to see the Supreme Court's previous Constitution bench decision on March 2, 2023 which stated the appointment to the post of Chief Election Commissioner and Election Commissioners have to be made by a panel also comprising the CJI.

Also Read -  Supreme Court refuses stay law on appointment of CEC and ECs

The bench, however, asked the counsel to come to the final direction in the judgment.

The Constitution bench had then stated that the panel suggested by the court was to be formed until a law is passed by Parliament.

The counsel, however, said when a judgment has been passed by this court, there can't be transgression. The final direction of the court was that the appointment would be made by the panel of the Prime Minister, CJI and Leader of Opposition, he said.

The bench fixed the matter for hearing on March 21.

On March 14, 2024 retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as Election Commissioners by a panel of Prime Minister, Union Law Minister and Leader of Opposition in Lok Sabha. Both the ECs took charge and assumed the office on Friday.

NGO Association for Democratic Reforms and Congress leader Jaya Thakur have filed separate applications for a direction to stay the law.

One Election Commissioner Arun Goel resigned on March 9, and another one Election Commissioner A C Pandey completed the term in February.