SC declines to stay appointment of 2 ECs; says it will lead to chaos, uncertainty as elections round the corner

March 21, 2024

New Delhi: The Supreme Court on Thursday declined to put on hold the two Election Commissioners’ appointments under the Chief Election Commissioner and Other Election Commissioners Act, 2023, which dropped the Chief Justice of India from the selection panel for Election Commissioners.

A bench of Justices Sanjiv Khanna and Dipankar Datta dismissed all the applications seeking stay on the appointment of two Election Commissioners, saying elections are round the corner and stay on the appointment would result in “chaos and uncertainty.” The bench said it would pass a detailed order later.

“Now they (Election Commissioners) have been appointed, elections are round the corner… There are no allegations against persons appointed. You cannot say that Election Commission is under the thumb of the executive. At this stage we cannot stay the legislation and it will lead to only chaos and uncertainty,” said the bench.

The bench also questioned the Centre for the speed in which the Search Committee shortlisted candidates and the speed with which two Election Commissioners were selected by the Selection Committee.

The apex court, however, clarified that it is not questioning the credentials of the Election Commissioners selected, but on the procedure in which the selection was made.

Solicitor General Tushar Mehta, appearing for the Centre, told the bench that the process had started in February, immediately after the Act came into force.

To this, the bench remarked that there were two aspects in the present case, one being whether the Act itself was constitutional and the other being the procedure adopted and added that there could have been an opportunity given for the names to be examined.