Centre files affidavit in SC opposing stay on election commissioners act

NEW DELHI: The Centre has filed an affidavit in the Supreme Court opposing a stay on the election commissioners act.

The central government has asserted that the independence of election commission of India (ECI) does not depend on the presence of a judicial member in the selection panel.

In its argument, the Centre emphasized that high constitutional functionaries are expected to act impartially and fairly.

Additionally, it stated that the competence and eligibility of election commissioners are not being questioned.

The affidavit also criticized the petitioners, accusing them of attempting to create political controversy rather than addressing legitimate concerns related to the functioning of the election commission.

It may be mentioned here that the Supreme Court had scheduled a hearing for March 21 to deliberate on a case concerning the appointment of two election commissioners under the new law.

The law stipulates that a panel led by the Prime Minister will make these appointments, replacing the chief justice of India (CJI) with a union minister.

A bench comprising Justices Sanjiv Khanna, Dipankar Datta and Augustine George Masih noted that the issue has been brought before the court twice previously.

It was emphasized that the court typically refrains from staying legislation through interim orders.

Notably, retired IAS officers Gyanesh Kumar and Sukhbir Singh Sandhu were appointed as election commissioners on March 14, just two days prior to announcement of election schedule, by a panel consisting of the Prime Minister, union law minister, and leader of the opposition in the Lok Sabha, with a dissent note provided by the latter.

Both election commissioners assumed their roles and assumed office.

NGO Association for Democratic Reforms and Congress leader Jaya Thakur have separately filed applications seeking a direction to stay the implementation of Section 7 of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service, and Term of Office) Act, 2023, which removed the Chief Justice of India from the panel.