Supreme Court Denies to Stay Appointment of New Election Commissioners

New Delhi: The Supreme Court on Friday denied staying the newly enacted law on the appointment of the Chief Election Commissioner and Election Commissioners in which the CJI has been replaced by a Union Cabinet Minister to be nominated by the Prime Minister in the three-member selection panel.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 apex 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 remarked.

Noting that the interlocutory applications for stay were not on record, the Bench posted the matter for March 21.

A day back, 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.