A bench headed by justice Sanjiv Khanna issued notices on the plea filed by Congress leader Jaya Thakur and others. The bench, however, refused to stay the law without hearing the Centre’s stand.
When the plea came up for hearing on Friday, the bench enquired from the counsel of petitioners if an advance copy had been served to the Centre. The petitioners’ counsel replied in the negative.
The petitioners’ counsel urged the bench to stay the law until next hearing but the contention found no favour with the bench. The petitioners requested the court to grant a short date which was accepted by the bench.
The petition argues that provisions of the law are violative of the principle of free and fair elections since it does not provide an “independent mechanism” for appointment of ECI members.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, allows appointment to the posts of CEC and ECs by a selection committee comprising the prime minister, a Union Cabinet minister and the Leader of Opposition in the Lok Sabha.
