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SC to Hear Case Against EC Search Panel on Friday

The Supreme Court has scheduled a hearing for Friday to address a series of petitions challenging the Chief Election Commissioner Act, 2023. This Act had notably excluded the Chief Justice of India (CJI) from the selection committee responsible for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). Various petitioners, including the Association for Democratic Reforms (ADR) and Congress leader Dr. Jaya Thakur, have challenged the validity of this Act.

The timing of the hearing is significant as the government is expected to fill two vacancies for election commissioners soon, ahead of the upcoming Lok Sabha elections. According to the Act, the search panel would consist of the prime minister, a cabinet minister nominated by the PM, and the Leader of Opposition in the Lok Sabha. Notably, the exclusion of the CJI from this selection process has raised concerns among petitioners, prompting them to seek legal intervention.

Last week, election commissioner Arun Goel unexpectedly resigned from his position, creating further speculation about the functioning of the Election Commission. His resignation comes amid discussions about his potential promotion as the chief election commissioner. The court had previously declined to stay the Election Commissioner Act, 2023, but agreed to reexamine the matter in the coming month. However, the recent developments, including Goel’s departure, prompted the petitioners to seek an expedited hearing, leading to the upcoming session scheduled for Friday.

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