SC fixes May 14 for hearing pleas against appointment of CEC, ECs under 2023 law
New Delhi (PTI): The Supreme Court on Wednesday fixed May 14 for hearing a batch of pleas challenging the appointment of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan fixed the date after advocate Prashant Bhushan urged the bench to accord urgent hearing in the matter.
Bhushan, appearing for a petitioner NGO challenging the appointment process, said the issue was covered by the Constitution bench verdict of 2023.
Justice Kant told Bhushan that the court will take up the matter on May 14 by cancelling a special bench matter on the said date.
Bhushan said though the matter is listed in the business of the day of the bench, they are urging the court to take it on top of the board.
Justice Kant said the bench will be taking several part-heard matters involving land acquisition on Wednesday.
On March 19, the top court had fixed April 16 for hearing a batch of pleas challenging the appointment of the CEC and election commissioners under the 2023 law.
Bhushan, appearing for petitioner NGO Association for Democratic Reforms, had earlier told the court that the matter involved a short legal question -- whether the 2023 Constitution bench verdict should be followed for the appointment of the CEC and ECs through a panel involving the prime minister, Leader of Opposition and the Chief Justice of India or the 2023 law, which excludes the CJI from the panel.
He had argued that the government, by appointing the new CEC and EC under the 2023 law, was making a "mockery of democracy".
On February 17, the government appointed EC Gyanesh Kumar as the next CEC.
Kumar is the first CEC to be appointed under the new law and his term would run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was appointed as an election commissioner. Joshi (58) would serve in the poll panel till 2031.
According to the law, a CEC or an EC retires at 65 or could have a tenure in the poll panel for six years.
On March 15, 2024, the top court refused to stay the appointments of the new ECs under the 2023 law which excluded the CJI from the selection panel and deferred the hearing on a batch of pleas against the appointments.
The apex court told the petitioners that the March 2, 2023 verdict directed for the three-member panel comprising the prime minister, Leader of Opposition and the CJI to operate till Parliament enacted a law.
The apex court's verdict held that leaving the appointment of the ECs and CEC in the hands of the executive would be detrimental to the health of the country's democracy and the holding of free and fair elections.
The NGO challenged the CJI's exclusion and said the election commission should be insulated from "political" and "executive interference" for maintaining a healthy democracy.
The ADR's plea alleged the verdict was overruled by the Centre without removing its basis and the composition of the selection committee under the new law which amounted to excessive interference of the executive in the appointments and was detrimental to the independence of the poll panel.
Former IAS officers Gyanesh Kumar and Sukhbir Sandhu were recommended to be appointed as ECs in 2024 by a selection panel chaired by Prime Minister Narendra Modi under the new law.
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Heavy rain, hailstorms likely to lash Uttarakhand on Tuesday; IMD issues warning
Dehradun/Pithoragarh (PTI): The India Meteorological Department (IMD) has issued a warning for heavy rain and hailstorms across several districts of Uttarakhand on Tuesday, as temperatures remained markedly below normal in the region.
Heavy rainfall is likely at isolated places in Dehradun, Haridwar, Tehri, Pauri, Nainital, Champawat, and Udham Singh Nagar districts. Most places across all districts are expected to receive light to moderate rain or thunderstorms, while higher reaches are likely to witness snowfall, officials said on Monday.
The weather department warned of thunderstorms accompanied by lightning, hail and intense spells of rain in six districts, including Dehradun and Nainital. Gusty winds with speeds reaching 40-50 kmph are also expected at isolated locations in these areas and other hilly districts.
In the state capital, Dehradun, the sky is forecast to remain partly cloudy with light rain and thunderstorms accompanied by gusty winds of 30-40 kmph.
The maximum and minimum temperatures in the city are expected to hover around 31 degrees Celsius and 19 degrees Celsius, respectively.
Maximum temperatures during the past 24 hours remained markedly below normal in the hills and appreciably below normal in the plains. While no significant change in temperature is expected over the next 2-3 days, the IMD predicts a rise of 3-5 degrees Celsius during the subsequent 3-4 days.
Rainfall was recorded in several areas after 8.30 am today, with Ramnagar receiving 31.5 mm and Nainital recording 26.5 mm. Other areas, including Pithoragarh, Khatima and Champawat, also reported moderate precipitation.
Authorities have stopped a batch of 36 Adi Kailash pilgrims at the Dharchula base camp and placed the high-altitude yatra route on high alert following heavy rains and hailstorms in the district on Monday.
Dharchula SDM Ashish Joshi said the pilgrimage was halted due to adverse weather conditions. The issuance of new inner-line passes has been suspended until the weather normalises.
With 1,700 passes issued so far, pilgrims already at higher camps are being monitored for safety, the official added.
