New Delhi:
In a major order issued just weeks before the elections, the Supreme Court has again refused to order a stay on the law on the appointment of election commissioners, saying doing so at this stage would “create chaos”.
Making its observations during Thursday’s hearing, the court also noted that there were no charges against the newly appointed election commissioners Gyanesh Kumar and Sukhbir Singh Sandhu, who were appointed after changes in the election panel were made under the new law.
“You cannot say that the Election Commission is under the control of the executive,” a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The bench pointed out to the petitioners that there can be no presumption that the law framed by the Center is wrong and added, “There are no allegations against the appointed persons… elections are coming. The balance of convenience is very important”. ”
The Chief Electoral Commissioner and Other Electoral Commissioners (Appointment, Conditions of Service and Tenure of Office) Bill, 2023, had been passed by Parliament last year and subsequently received the presidential assent.
The new law replaces the Chief Justice of India, who is appointed by federal cabinet ministers, in the Election Commission. The committee now includes the prime minister, federal cabinet ministers and the leader of the opposition, raising concerns about its impartiality.
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