Congress leader moves SC seeking to restrain Centre from appointing two ECs as per new law

A plea has been filed in the Supreme Court for a direction to the Union government on the appointment of two Election Commissioners as per the direction issued by the Constitution bench in 'Anoop Baranwal Vs Union of India' case.

The plea filed by Congress leader Jaya Thakur also sought a direction to the Union government not to appoint two ECs as per the provisions of the new law enacted in December 2023, in view of impending Lok Sabha elections.

"In view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member of new election Commissioner is required immediately," it stated.

After Election Commissioner Arun Goel resigned on March 9, the polls panel is left with only the Chief Election Commissioner. The government is likely to fill up two vacancies by March 15.

Thakur, in her plea, said the Supreme Court has already decided to examine a writ petition for declaring Section 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and terms of office Act 2023) as ultra vires under Articles 14, 21, 50 and 324 of the Constitution.

The law was against the principles of free and fair election, apart from being contrary to the principles laid down by this court in the case of Anoop Baranwal Vs Union of India, it said.

The Supreme Court's Constitution bench had on March 2, 2023, held that the appointment of Chief Election Commissioner and Election Commissioners would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard.

The new law passed by Parliament replaced the CJI from the panel with a Union Minister.