CJI Sanjiv Khanna recuses from hearing plea challenging law on CEC appointment

In March 2023, a five-judge constitution bench of the court had ruled that the CEC and ECs shall be appointed on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the CJI. Where no Leader of Opposition is available, the committee, the Supreme Court said, will include the leader of the largest Opposition party in the Lok Sabha in terms of numerical strength.

Subsequently, the Parliament brought in The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, excluding the CJI.

On Tuesday, as the matter came up, the CJI said he has to first decide whether he should be there on the bench hearing it.

Senior Advocate Gopal Sankaranarayanan, appearing for one of the petitioners, said that what CJI Khanna was part of in the past was only an interim order in the matter.

“That time the situation was slightly different,” CJI Khanna said.

“There will be large overlap of arguments but I am sure we will able to convince your lordships in a different direction,” added Sankaranarayanan.

Another counsel sought a stay in the matter saying a vacancy will soon arise in the matter.

Sankaranarayanan also pointed out that February 19, 2025, is the last date is the current CEC.

The bench then said it will be heard in the week commencing January 20, 2025.

When the petitioners urged that the matter be listed the next week, CJI Khanna said he would recheck the dates but added that it could not be next week.

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