New Delhi: Chief Justice of India (CJI) Sanjiv Khanna on Tuesday (December 3) recused from hearing the pleas challenging the 2023 law governing the appointment, conditions of service and terms of office of Chief Election Commissioner (CEC) and Election Commissioners (ECs).
A bench comprising CJI Khanna and Justice PV Sanjay Kumar was scheduled to hear a batch of pleas challenging the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act, 2023.
Matter be listed for hearing in January 2025, CJI Khanna directed
CJI Khanna, however, recused from hearing the matter when the pleas came for hearing before the bench.
“List the matter before a bench of which I am not a part of,”, CJI Sanjiv Khanna said.
The CJI also directed that the matter be listed next for hearing in January 2025 and asked the parties to complete their pleadings by then.
A bench headed by Justice Khanna earlier refused to stay 2023 law
A bench comprising Justice Khanna and Justice Dipankar Datta had earlier refused to stay the 2023 law governing the appointment procedure of CEC and ECs.
As per the 2023 law, the CEC and ECs would be appointed on a recommendation made by a panel comprising of Prime Minister, a Union Cabinet Minister to be nominated by the Prime Minister and the Leader of Opposition (LoP) in Lok Sabha.
Apex court earlier directed inclusion of CJI in panel
A Constitution Bench of the apex court had earlier in a verdict had directed that the appointments of the CEC and ECs would be made on the advise of a selection panel comprising the Prime Minister, Leader of Opposition in the Lok Sabha and the Chief Justice of India. The apex court Constitution bench had also said that this provision would continue to hold good till a new law on the issue is enacted by Parliament.
The petitioners challenging the 2023 law have argued that the provisions of the new law for appointment procedure of CEC, ECs are contrary to the verdict of the Constitution bench of the Supreme Court, which had directed inclusion of Chief Justice of India in the panel to appoint the CEC and ECs.
