SC dismisses pleas challenging appointment of new election commissioners

The bench which heard the applicants and the Centre said it is dismissing the applications and will give the reasons for the same in the detailed order.

The court, which said it would hear the petitions challenging the constitutional validity of the 2023 law, however, observed that the Supreme Court ruling was only meant to be a stop-gap arrangement till Parliament came out with a new law. It added that the Constitution bench judgment also does not say who should be members of the selection committee.

Refusing to stay the appointment of the two new election commissioners, the Supreme Court also said there was the question of balance of convenience as elections are around the corner. It pointed out that there were no allegations against the persons appointed.

The applicants argued that the Constitution bench had said that the Constitution makers did not want the appointments to the ECI to be left solely at the discretion of the executive.

The Supreme Court, however, said that fairness of procedure has to be ensured and questioned the government on why more time was not given to the selection committee members to finalise the names shortlisted by the search committee.

“The search committee should have been activated earlier”, said Justice Khanna.

“We are on procedure. Justice must not only be done, it must be seen to be done. We are dealing with The Representation of the People Act which according to me is highest after Constitution,” said Justice Datta.

The Supreme Court also said the meeting of the selection committee could have been postponed by a day or two as the court was seized of the matter.