<p>New Delhi: The Supreme Court was on Tuesday urged to take up a plea challenging the validity of the law on appointment of Chief Election Commissioner and the Election Commissioners on top priority since the Centre was "making mockery" of the Constitution bench judgment in Anoop Baranwal case.</p><p>The apex court is scheduled to take up the hearing in pending matter on Wednesday.</p><p>The Centre, after relying upon the new 2023 Act, on Monday appointed Gyanesh Kumar as Chief Election Commissioner.</p>.'Disrespectful and discourteous': Rahul Gandhi on PM Modi, Amit Shah's 'midnight decision' to appoint new CEC.<p>Advocate Prashant Bhushan, appearing for petitioner NGO- ADR, submitted before a bench of Justices Surya Kant and N Kotiswar Singh that the plea should be taken at top of the board on Wednesday as it is "exceedingly important for future" of our democracy.</p><p>He said that the new Act 2023 was challenged by them and many others in the apex court and it is subjudice. </p><p>The bench asked the counsel to mention the matter on Wednesday. It also pointed out that the court had earlier declined a plea to stay the implementation of the 2023 law.</p><p>Bhushan, however, said that the matter was listed as item number 41, so it might not have been taken up then for hearing. </p><p>The petitioners contended that the 2023 law effectively undermined the Supreme Court’s previous ruling which mandated an independent selection panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India (CJI). Instead, the new law replaced the CJI with a Union Minister, raising concerns about executive dominance over the Election Commission.</p><p>In December 2023, the Centre enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.</p><p>The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs.</p><p>The Constitution bench judgment in Anoop Baranwal Vs Union of India had in March, 2023 declared that the appointment of CEC and ECs would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard. </p><p>The court had earlier on March 21, 2024 refused to stay the new law for appointment of CEC and ECs, saying the manner in which the government went about expediting the appointments was "unnecessary and avoidable" but it could not stay the legislation as this "will only lead to chaos and uncertainty". </p>
<p>New Delhi: The Supreme Court was on Tuesday urged to take up a plea challenging the validity of the law on appointment of Chief Election Commissioner and the Election Commissioners on top priority since the Centre was "making mockery" of the Constitution bench judgment in Anoop Baranwal case.</p><p>The apex court is scheduled to take up the hearing in pending matter on Wednesday.</p><p>The Centre, after relying upon the new 2023 Act, on Monday appointed Gyanesh Kumar as Chief Election Commissioner.</p>.'Disrespectful and discourteous': Rahul Gandhi on PM Modi, Amit Shah's 'midnight decision' to appoint new CEC.<p>Advocate Prashant Bhushan, appearing for petitioner NGO- ADR, submitted before a bench of Justices Surya Kant and N Kotiswar Singh that the plea should be taken at top of the board on Wednesday as it is "exceedingly important for future" of our democracy.</p><p>He said that the new Act 2023 was challenged by them and many others in the apex court and it is subjudice. </p><p>The bench asked the counsel to mention the matter on Wednesday. It also pointed out that the court had earlier declined a plea to stay the implementation of the 2023 law.</p><p>Bhushan, however, said that the matter was listed as item number 41, so it might not have been taken up then for hearing. </p><p>The petitioners contended that the 2023 law effectively undermined the Supreme Court’s previous ruling which mandated an independent selection panel consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India (CJI). Instead, the new law replaced the CJI with a Union Minister, raising concerns about executive dominance over the Election Commission.</p><p>In December 2023, the Centre enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.</p><p>The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs.</p><p>The Constitution bench judgment in Anoop Baranwal Vs Union of India had in March, 2023 declared that the appointment of CEC and ECs would be made by the President on advice of a panel, comprising Prime Minister, Leader of Opposition and Chief Justice of India, until a law is put in place in this regard. </p><p>The court had earlier on March 21, 2024 refused to stay the new law for appointment of CEC and ECs, saying the manner in which the government went about expediting the appointments was "unnecessary and avoidable" but it could not stay the legislation as this "will only lead to chaos and uncertainty". </p>
