Congress leader Dr. Jaya Thakur has lodged an application with the Supreme Court on March 11, urging to prevent the government from appointing a new Election Commissioner following the recent resignation of Arun Goel.
The Plea
A plea, presented by Congress leader Jaya Thakur through advocate Varun Thakur, has been submitted to the Supreme Court, urging to prevent the government from appointing election commissioners (ECs) in accordance with Section 7 and 8 of the Chief Election Commissioner and Other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act 2023.
The plea aims to invalidate these sections under Articles 14, 21, 50, and 324 of the Indian Constitution, arguing that they violate the principles of fair elections. It asks the Centre to immediately follow the proper procedures for appointing the Chief Election Commissioner and Election Commissioners as per the Supreme court's ruling in the case of Anoop Baranwal Versus Union of India.
The plea seeks directions to immediately appoint the member as per a March 2023 Constitution Bench order that required the appointment of top EC officials to be done by President on the advice of a panel comprising PM, Leader of Opposition (LoP) and the CJI.
Thakur's PIL challenges the validity of the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023. This new law substitutes the Chief Justice of India with a minister in the panel tasked with selecting the CEC and ECs, directly opposing a judgement delivered by the apex court.
“That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member of new election Commissioner is require immediately, for that this Hon’ble Court given clear verdict in the case of
Anoop Baranwal Versus Union of India….about the appointment process”, said the plea.
The SC responded that it would consider submission for early listing of the petition. "Send an email. We will see," said the bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwla and Manoj Misra.
Speculation regarding Appointment of New Election Commissioners by PM Modi-Led Committee
Thakur's plea to the Supreme Court coincides with speculation suggesting that the Election Commission of India is expected to appoint two new election commissioners by March 15, in response to the vacancies created by the retirement of Anup Chandra Pandey and the unexpected departure of Arun Goel, due to his resignation.
The cabinet secretaries of the home department and the department of personnel and training, as well as a search committee headed by Union Law Minister Arjun Ram Meghwal, reportedly had to compile two separate lists, each with five candidates, for the two open seats.
Subsequently, the Prime Minister, a Union minister, and the Leader of the Congress party in the Lok Sabha will convene a selection panel to determine the two most suitable candidates for the vacancies. The Chief Justice of India is not included in the group that chooses the chief election commissioner and other election commissioners.
Resignation of Arun Goel
On March 9, Goel resigned from his position, leaving Chief Election Commissioner Rajiv Kumar as the sole authority at the poll watchdog. A former bureaucrat, Goel had been appointed as Election Commissioner in 2022.
His resignation followed disagreements with the chief election commissioner, which intensified following the retirement of Anup Pandey on February 15, just days before Goel's unexpected announcement, creating a vacancy in the poll panel.
Following Arun Goel's resignation, Chief Election Commissioner Rajiv Kumar remains the sole member of the three-member poll panel, with Lok Sabha polls just weeks away.
The Election Commission
For the vast majority of the last thirty years, the Election Commission of India has operated as a panel consisting of three members. Due to retirements during the polling cycle, the commission only had two members during the 1999 and 2009 Lok Sabha elections.
The chief commissioner was the only member of the electoral commission at first. On October 16, 1989, and then again on October 1, 1993, more commissioners were appointed, nevertheless. The commission has been a multi-member body ever since, with decisions being made by majority vote.
The Chief Justice of India is not eligible to be considered for appointment as an Election Commissioner (EC) or Chief Election Commissioner (CEC) under a new statute that went into force recently. It states that the "Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member."
The Chief Justice's removal from the selection panel by the Modi government has drawn criticism from the opposition for disobeying the highest court.
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