SC rejects stay pleas on appointment of two new Election Commission members

New Delhi, Mar 21: The Supreme Court recently refused pleas seeking an interim suspension on the inclusion of two fresh leaders to the Election Commission of India. A bench headed by Justices Sanjiv Khanna and Dipankar Datta stated that it will examine the main petitions challenging the validity of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.

“At this stage, we are unable to halt the legislation or suspend its operations. Doing so through an interim order could lead to chaos and ambiguity. Moreover, the pleas do not level any accusations against the newly appointed election commissioners,” the bench told the petitioners challenging the new law. 

During the hearing, the bench questioned the central government over the procedure followed for appointing the two new election commissioners. It observed that the selection committee should have been afforded more time to thoroughly screen the backgrounds and qualifications of candidates.

“The search panel for picking election commissioners deserved a fair amount of time to understand applicants' credentials,” the bench noted. It also clarified that the 2023 verdict of its constitution bench nowhere mandated the inclusion of a judge in the selection panel for naming election commissioners.

Recently, retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as Election Commissioners, just ahead of the upcoming Lok Sabha polls commencing on April 19. The top court will now examine the core petitions disputing the Chief Election Commissioner and other Election Commissioners (Appointment) Act.