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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
