Satya Prakash
New Delhi, March 15
The Supreme Court on Friday refused to stay the newly enacted law on appointment of the Chief Election Commissioner and Election Commissioners in which the CJI has been replaced by a Union Cabinet Minister to be nominated by the Prime Minister in the three-member selection panel.
"The matter came up twice. On both the occasions, it was pointed out (by the top court) that normally we do not stay by an interim order on a legislation," a Bench led by Justice Sanjiv Khanna told senior advocate Vikas Singh after he urged it on behalf of the petitioners to stay the law.
"When a judgment has been passed by this court, there can't be any transgression," Singh submitted. He said the government advanced the meeting by one day for selection of new ECs.
Noting that the interlocutory applications for stay were not on record, the Bench posted the matter for March 21.
The development came a day after a panel led by Prime Minister Narendra Modi appointed Gyanesh Kumar and Sukhbir Singh Sandhu as Election Commissioners under the Chief Election Commissioner and the other Election Commissioners (Appointment, Condition of Service and Term of Office) Act, 2023, which was notified in the official gazette on December 28, 2023.
Election Commissioner Arun Goel had resigned recently.
After the newly appointed ECs took charge of the office on Friday, the Election Commission is all set to announce the schedule for the 2024 Lok Sabha polls on Saturday.
Earlier, the top court had on February 13 refused to stay the newly-enacted law on appointment of the Chief Election Commissioner and Election Commissioners.
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