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Supreme Court refuses to stay appointment of new Election Commissioners

supreme court
File photo: Supreme Court

March 21, 2024

The Supreme Court on Thursday refused to stay the recent appointment of two new election commissioners. A bench led by Justice Sanjiv Khanna said, “The applications are dismissed, detailed orders to follow.”

The top court said that the appointment to Election Commissioners prior to the enactment of law, was being done by the executive and it would not proper to question the independence of the poll body.

“We cannot stay the legislation now and this will only lead to chaos and uncertainty. Even leader of largest opposition party is member of this committee,” Justice Khanna said.

This comes a day after the Central government defended the selection of the two new election commissioners by a committee that excluded the Chief Justice of India, saying the independence of the Election Commission does not arise from the presence of a judicial member in the selection committee.
The Ministry of Law and Justice, in an affidavit on Wednesday, also denied that the meeting of the selection committee was advanced to pre-empt a hearing in the Supreme Court the next day.
Last week, the government filled two vacancies in the ECI that had arisen after the retirement of Anup Chandra Pandey on February 14 and resignation of Arun Goel. Retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed in their place.
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