The top court, however, questioned the Centre for the speed with which the Search Committee shortlisted candidates and the speed with which two Election Commissioners were selected.
Supreme Court of India
The Supreme Court on Thursday refused to stay the law to appoint election commissioners, stating that passing such an order weeks before the Lok Sabha elections would create chaos.
Hearing the petitions, the court said, “There are no allegations against the persons who have been appointed… Elections are around the corner. Balance of convenience is very important.”
The top court, however, questioned the Centre for the speed with which the Search Committee shortlisted candidates and the speed with which two Election Commissioners were selected.
Advertisement
Earlier on Wednesday, the Centre had defended the appointment of two Election Commissioners – Gyanesh Kumar and Sukhbir Singh Sandhu – saying there was an attempt to create a controversy over the appointments and asserted that the independence of the Election Commission of India cannot be assured by the presence of a Chief Justice of India in the Selection Committee.
Stating that a political controversy is being created on the basis of “unsupported and pernicious statements”, the Centre sought to dispel any notion of bias or ulterior motives behind the appointment of Election Commissioners. It said that there are no allegations against the Election Commissioners.
”A political controversy is sought to be created only on the basis of bare, unsupported and pernicious statements about certain vague and unspecified motives behind the appointment,” the Centre said in an affidavit filed in response to batch of petitions seeking the presence of the Chief Justice of India in the selection panel to select the ECs and stay on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023.
On the exclusion of the Chief Justice of India from the selection committee the Centre has said, “… the independence of the Election Commission, or any other organisation or authority, does not arise from and is not attributable to the presence of a judicial member in the Selection Committee.”
Advertisement
