The Supreme Court declined to stay the appointments of Election Commissioners (ECs) Sukhbir Singh Sandhu and Gyanesh Kumar on Friday, despite concerns raised by petitioners regarding the haste and lack of transparency in the process.
Petitioners, represented by senior advocates Kapil Sibal, Vikas Singh, and advocate Prashant Bhushan, argued before a three-judge Bench headed by Justice Sanjiv Khanna that the appointments were made hastily under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act of 2023. They contended that the appointments sent a wrong message of favoritism towards the ruling regime.
The 2023 Act grants the government a dominant role in the selection of ECs, and the appointments were made despite a pending challenge to the law in the Supreme Court. However, the Bench cited a technicality, stating that legislative enactments are not typically stayed.
Despite the petitioners’ concerns, the Supreme Court’s decision not to stay the appointments indicates that the legal challenge against the appointments will continue to unfold amidst ongoing controversy and scrutiny.
