The Supreme Court today accepted a request for an urgent hearing on a petition challenging the decision to exclude the Chief Justice of India from the Election Commission’s election committee. Justice Sanjeev Khanna told lawyer Prashant Bhushan, appearing for the Democratic Reform Petitioners Association, that they had heard from the Chief Justice and the matter would be listed on Friday .

The move comes at a time when there are two vacancies in the pollster’s top panel. Election Commissioner Arun Goel resigned last week and his colleague in the apex committee, Anup Chandra Pandey, retired last month. That leaves the Supreme Election Commission with only Chief Election Commissioner Rajiv Kumar, with the Lok Sabha elections – the poll body’s most important event – still weeks away.

As per the current procedure for appointment of election commissioners, the selection committee headed by Law Minister Arjun Ram Meghwal will prepare two panels of five persons each for the two posts. Later, a selection committee headed by Prime Minister Narendra Modi and comprising Union ministers and Congress leaders in the Lok Sabha will name the two candidates.

The selection committee is likely to meet today or tomorrow and government sources told news agency PTI that the two vacant posts are likely to be filled by Friday.

The ADR’s petition puts the spotlight on the rules for appointment of election commissioners.

Last year, the Supreme Court’s constitution bench ruled that senior poll officials must be appointed on the recommendation of a committee consisting of the Chief Justice of India, the Prime Minister and the Leader of the Opposition in the Lok Sabha.

A few months later, the Center introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Bill, 2023. The legislation was passed by Parliament and removed the Chief Justice of India from the electoral panel. Instead, a federal minister was appointed. This gives the executive greater influence within the group.

ADR’s petition challenges the move. Congress leader Jaya Thakur has also challenged the law in the Supreme Court.

This comes after the Supreme Court last month refused to suspend appointments under the new law. But after Goel resigned, the matter intensified. The center has drawn criticism from the opposition, which claims it has engaged in “systemic undermining” of government institutions.

On February 13, the court refused to suspend appointments but asked the Center to respond to a petition challenging the new procedure.