SC rejects applications for stay on appointment of new election commissioners

The Supreme Court on Thursday dismissed applications seeking a stay on the appointment of two new election commissioners.

A bench of Justices Sanjiv Khanna and Dipankar Datta said 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.

”We are dismissing the applications for stay on the appointment,” the bench said.

”At the stage, we cannot stay the legislation or suspend it operation. It would lead to chaos and uncertainty and we cannot do it (stay) by way of an interim order. There are no allegations against the new election commissioners,” the bench told the petitioners’ challenging the new law.

During the hearing, the bench questioned the Centre over the procedure adopted for appointment of two new election commissioners. It said the selection committee should have been given more time to apply its mind on the appointment of election commissioners. ”The search committee for appointment of election commissioners should have been given a fair share of time to understand the background of candidates,” the bench observed.

It said the 2023 verdict of its constitution bench nowhere said there has to be a member from the judiciary in the selection panel for appointment of election commissioners.

Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were recently appointed as election commissioners. The appointments came ahead of the Lok Sabha polls starting on April 19.