New Delhi, 11 March

A plea has been filed in the Supreme Court seeking to restrain the Centre from appointing new election commissioners as per a 2023 law, the provisions of which have been challenged in the apex court.

Two vacancies of election commissioners have arisen following the resignation of Election Commissioner Arun Goel and Anup Chandra Pandey's retirement.

The plea has been filed by Congress leader Jaya Thakur, who has challenged the provisions of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and terms of office) Act, 2023.

In her application, Thakur informed the court that during the pendency of her plea, in which a notice was issued on 12 January, "one member of Election Commission namely Arun Goel gave resignation on 9 March, 2024, which has been accepted by the President".

"That petitioner most respectfully submitted that in view of facts that election for Lok Sabha Election 2024 may be announced shortly, therefore appointment of member of new election commissioners is required immediately, for that this court has given clear verdict in the case of 'Anoop Baranwal Versus Union of India' (March 2, 2023 verdict) about the appointment process...," the plea said.

"It is, therefore, most respectfully prayed that this Court may graciously be pleased to direct the respondents to immediately appoint the member election commission of India, as per verdict/judgments passed by this court in the case of Anoop Baranwal Versus Union of India...," it said.

The plea sought a direction to "restrain the Respondents to not appoint the member as per Section 7 and 8 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and terms of office) Act, 2023".

According to the new law, "Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection Committee consisting of — (a) the Prime Minister — Chairperson; (b) the Leader of Opposition in the House of the People — Member; (c) a Union Cabinet Minister to be nominated by the Prime Minister — Member."

The opposition has accused the Modi government of having defied the Supreme Court by dropping the CJI from the selection panel.

In its March 2023 order, the Supreme Court had said the prime minister, the Leader of the Opposition in the Lok Sabha, and the CJI would pick the CEC and the ECs.