SC on ECs appointment: can’t put stay on appointment, it could lead to chaos

SC on ECs appointment: The Supreme Court of India has declined the plea seeking the stay on the appointment of Election Commissioners by the selection commission. The Supreme Court of India in the statement said that it cannot stay put a stay on the appointment as elections are around the corner therefore there is a possibility of chaos and uncertainty.

What was the plea about?

The petition was filled by the Association for Democratic Reforms (ADR) and Jaya Thakur (General Secretary of the Madhya Pradesh Mahila Congress Committee), Sanjay Narayanrao Meshram, Dharmendra Singh Kushwaha, and advocate Gopal Singh seeking a stay on the appointment of Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu.

The plea challenged the Chief Election Commissioner and Other Election Commissioners Act, 2023, questioning the fairness of the procedure as it does not include the  the Chief Justice of India in the selection committee, which include the Prime Minister and the leader of the opposition. The petition challenged the legislation stating that it is in violation of free and fair elections as it the CJI is not included in the selection of ECI.

The court decline to put a stay on appointment

“Now they (Election Commissioners) have been appointed, elections are round the corner… There are no allegations against persons appointed. You cannot say that Election Commission is under the thumb of the executive. At this stage we cannot stay the legislation and it will lead to only chaos and uncertainty,” said the bench.

The court raised concerns regarding the expediency of the Search Committee’s candidate shortlisting process and the subsequent swift selection of two Election Commissioners by the Selection Committee. While the court clarified it wasn’t questioning the chosen Commissioners’ qualifications, it expressed reservations about the selection procedure.

Solicitor General Tushar Mehta, representing the Centre, stated that the process began promptly in February following the Act’s enactment.

However, the bench highlighted two key aspects: the constitutional validity of the Act itself and the procedural transparency of the selection, suggesting that there should have been an opportunity for scrutiny of the nominated individuals.

Additionally, the court issued a notice on a plea challenging the Act’s constitutional validity, granting the central government six weeks to respond. This directive stemmed from applications filed by Congress leader Ajaya Thakur and others seeking to prevent the Centre from appointing new Election Commissioners under the Act.

Union government defended itself

The government filled out a affidavit saying it disagrees with the requests to stop the appointments and the Act. It stated that the plea was motivated to create a row against the appointments. It also dispelled any prior motives of biasness over the appointments.

Also Read: Baduan Double Murder Case: second accused Javed surrendered claiming innocence