Plea in Supreme Court to Halt Appointment of New Election Commissioner Amidst Legal Challenge

In a significant development, Congress leader Jaya Thakur has petitioned the Supreme Court, seeking to prevent the Union government from appointing a new Election Commissioner under the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and Terms of Office) Act, 2023. The plea comes in the wake of Arun Goel’s sudden departure from his position as Election Commissioner, reducing the three-member panel to one just before the crucial Lok Sabha elections. Thakur’s petition urges the apex court to enforce adherence to a previous Supreme Court judgment mandating that Election Commissioners be appointed by a committee including the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. This move challenges the recent legislative change which replaced the Chief Justice of India with a cabinet minister in the selection panel.

The controversy over the appointment process of Election Commissioners escalated with the resignation of Arun Goel, marking the second such occurrence in Prime Minister Narendra Modi’s tenure. Speculation abounds regarding Goel’s sudden exit, with opposition parties questioning whether it was due to disagreements with the Chief Election Commissioner, the Modi government, or for personal reasons. Some even speculate about Goel’s potential candidacy in the forthcoming Lok Sabha elections for the BJP, reflecting ongoing tensions and questions surrounding the independence of key institutions in India.

In response to Thakur’s challenge to the constitutionality of the Act, the Supreme Court has agreed to examine the matter without imposing a stay on the new law. A bench comprising Justices Sanjiv Khanna and Dipankar Datta issued notice to the Centre after refusing an immediate halt to the legislation, citing the need to hear from all parties involved. This legal battle underscores deep concerns about the principles of free and fair elections and the independence of the Election Commission of India, with significant implications for the country’s democratic processes.

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