New Delhi, March 21, 2024: The Supreme Court on Thursday again refused to put a stay on the law to appoint Election Commissioners (ECs), stating that doing so at this stage would only lead to chaos and uncertainty.
Hearing applications to stay the law weeks before the Lok Sabha election 2024, the bench of Justices Sanjiv Khanna and Dipankar Datta told petitioners, “You can’t say Election Commission is under the thumbs of executives.”
“At this stage, we cannot stay the legislation, and it will lead to only chaos and uncertainty,” Justice Khanna said spelling out the apex court’s order.
Noting that there are no allegations against the newly appointed election commissioners– Gyanesh Kumar and Sukhbir Singh Sandhu– the court said it cannot be presumed that the law enacted by the Centre is wrong.
Kumar and Sandhu were appointed after changes were made to the selection panel under the new law.
“There are no allegations against the persons who have been appointed… Elections are around the corner. Balance of convenience is very important,” the bench added.
The petitioners – Congress activist Jaya Thakur and the Association of Democratic Reforms – have sought the top court’s direction for the appointment of election commissioners by a panel consisting of the PM, Leader of Opposition and the CJI as directed by it last year and not as per the provision of subsequent Act.
They have challenged the provision of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, which says that the selection of ECs is to be done by the PM, Union cabinet minister and Leader of Opposition.
Courtesy: News18