New Delhi:

The Supreme Court today agreed to hear on March 15 the plea of ​​an NGO challenging the exclusion of the Chief Justice of India from the panel aimed at electing the CEC and the Election Commissioner on the grounds that the poll panel should be linked to “politics” Separate from the Election Commission. “Executive intervention” to maintain a healthy democracy.

A bench headed by Justice Sanjiv Khanna took note of the submissions made by lawyer Prashant Bhushan, appearing on behalf of the NGO Society for Democratic Reforms, seeking urgent listing of the plea and said it would Listed on Friday.

Justice Khanna said: “I have just received information from the CJI that the company will be listed on Friday.”

The NGO challenged its validity and sought a stay on Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the CJI from the panel meant to select the CEC and EC.

Under the new law, the selection panel includes the prime minister as chairperson and the leader of the opposition and a union minister nominated by the prime minister as two members.

The NGO has moved the Supreme Court following a recent filing by Election Commissioner Arun Goel. “The Union of India is directed to appoint the vacant posts of Election Commissioners under the terms of the Election Commission laid down by this Court in Anoop Baranwal v. Union of India, 2023 (supra) till the pendency of the writ petition.

“Democracy is an aspect of the fundamental structure of the Constitution and to ensure free and fair elections and maintain healthy democracy in our country, the Election Commission should be free from political and/or administrative interference,” the disposal PIL said.

On March 2, 2023, a five-judge Constitution Bench ruled that the appointment of the Chief Election Commissioner and the Election Commission would be made by the President on the recommendation of a committee consisting of the Prime Minister, Leader of the Opposition in Sabha and the Central Executive Council, Maintain the “purity” of the electoral process.

In the new plea, the Center overturned the judgment related to the selection panel but did not remove the basis for the judgment.

The fresh plea, filed through advocate Bhushan, argued that the March 2, 2023 judgment held that leaving the appointment of members of the Election Commission and the Central Election Commission in the hands of the executive would seriously harm the health of our democracy and the free and fair conduct of it. election.

“Thereafter, Parliament passed the Chief Electoral Commissioner and Other Electoral Commissioners (Appointment, Conditions of Service and Tenure of Office) Bill, 2023 in December 2023 without opposition and without substantive debate and discussion. The law comes into effect from 2024 Effective January 2, 2020,” it said.

“It is pertinent to mention that the Chief Justice of India has been removed from office and the addition of cabinet ministers (nominated by the Prime Minister) has restored the previous law of election by the executive, thus undermining the rule of law and threatening democracy,” it said .

The statement said that the composition of the Selection Committee established under the new law amounted to excessive interference by the administrative agencies in the appointment of the Election Committee and the Central Election Commission, and undermined the independence of the voting panel.

Recently, Madhya Pradesh Congress leader Jaya Thakur filed another plea seeking to stop the Center from appointing a new election commissioner under the 2023 law. The Congress leader also raised questions about the provisions of the 2023 law.

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