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Express News Service
NEW DELHI: The Supreme Court on Friday in its order refused to stay the operation of the recently formulated new law for appointment of chief election commisioner and election commissioners by a panel excluding the Chief Justice of India.
The Apex Court, however, issued notice to the Centre and ECI (Election Commission of India) and sought their detailed responses on a plea filed by Madhya Pradesh-based senior Congress leader, Jaya Thakur and it decided to examine the matter.
The two-judge bench of the Top Court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta refused to grant a stay on the new law, after hearing a plea filed by Thakur.
“We are not going to stay it (the new law on appointment of CEC & ECs) But we will hear the matter and examine it,” the bench of the Top Court said, in its order.
The petitioner, Jaya Thakur, had moved the Supreme Court challenging the new law that has dropped the CJI from the selection panel for appointing of CEC and ECs.
Senior Supreme Court lawyer and former Additional Solicitor General (ASG) Vikas Singh, appearing for Madhya Pradesh-based Congress leader, Jaya Thakur submitted to the Top Court that the new law is against the principle of separation of powers. So this court should pass appropriate directions and orders in the plea.
ALSO READ | Centre’s move to gain control over ECI selection panel faces legal challenge
Singh submitted that the respondents (UPI, ECI and others) have not been served a copy of the plea.
Hearing this, the SC said, we could not stay the new law, if you had not served it to the respondents, but we can issue notice.
The recently-passed law allows appointment to the posts of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister (PM), a Union Cabinet Minister and the Leader of Opposition (LOP) in Lok Sabha. Follow channel on WhatsApp
NEW DELHI: The Supreme Court on Friday in its order refused to stay the operation of the recently formulated new law for appointment of chief election commisioner and election commissioners by a panel excluding the Chief Justice of India.
The Apex Court, however, issued notice to the Centre and ECI (Election Commission of India) and sought their detailed responses on a plea filed by Madhya Pradesh-based senior Congress leader, Jaya Thakur and it decided to examine the matter.
The two-judge bench of the Top Court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta refused to grant a stay on the new law, after hearing a plea filed by Thakur. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
“We are not going to stay it (the new law on appointment of CEC & ECs) But we will hear the matter and examine it,” the bench of the Top Court said, in its order.
The petitioner, Jaya Thakur, had moved the Supreme Court challenging the new law that has dropped the CJI from the selection panel for appointing of CEC and ECs.
Senior Supreme Court lawyer and former Additional Solicitor General (ASG) Vikas Singh, appearing for Madhya Pradesh-based Congress leader, Jaya Thakur submitted to the Top Court that the new law is against the principle of separation of powers. So this court should pass appropriate directions and orders in the plea.
ALSO READ | Centre’s move to gain control over ECI selection panel faces legal challenge
Singh submitted that the respondents (UPI, ECI and others) have not been served a copy of the plea.
Hearing this, the SC said, we could not stay the new law, if you had not served it to the respondents, but we can issue notice.
The recently-passed law allows appointment to the posts of CEC and Election Commissioners by a Selection Committee comprising the Prime Minister (PM), a Union Cabinet Minister and the Leader of Opposition (LOP) in Lok Sabha. Follow channel on WhatsApp
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