Jaya Thakur · ECI Files

21 Mar 2024DOCUMENTCOURTSNOT YET CHECKED

Court refuses stay citing Lok Sabha election, but criticises selection procedure

Justices Sanjiv Khanna and Dipankar Datta refused to stay the Act or the two appointments, saying a stay would cause 'chaos' with the Lok Sabha election fixed for 19 April to 1 June 2024. Reasons dated 22 March said the selection should have circulated full details to all members and that five candidates per vacancy prima facie meant ten for two posts. The court noted the petitioners did not question the appointees' merits.

Gyanesh Kumar Justice Dipankar Datta Justice Sanjiv Khanna Prashant Bhushan Sukhbir Singh Sandhu Tushar Mehta

Stay refused orally on 21 March; reasoned order dated 22 March 2024 (signed 23 March, 'only the date of the order is corrected'). A 15 March 2024 hearing before a three-judge bench (with A.G. Masih J) relisted the matter for 21 March (SCO).

CHARGE AND ANSWER

Charge: Adhir Chowdhury records dissent: 212 names overnight, six-name shortlist minutes before

Responses: Centre tells court meeting was moved to 14 March before stay pleas were listed

What the record shows: Adhir Chowdhury asks for shortlisted candidates' profiles; receives 200-plus names, Court refuses stay citing Lok Sabha election, but criticises selection procedure

The Union's reply was filed against a duplicate of this entry that has since been merged into it. The record documents Chowdhury's 12 March request for profiles and the Supreme Court's 21 March order, which refused a stay and commented on the selection procedure.

See all charges and answers →

OrderPart of the case: Challenge to the 2023 appointments Act →

SOURCES

TIER 1 · PRIMARYDr. Jaya Thakur v. Union of India, W.P. (C) No. 14 of 2024 and connected matters, order on stay applications, 2024 INSC 246Supreme Court of India (PDF hosted by Supreme Court Observer)2024-03-22“We must, however express our concern on the procedure adopted”
TIER 2 · RESEARCH/FILINGElection Commissioner Appointments: Supreme Court refuses to stay the 2023 Act before 2024 General ElectionsSupreme Court Observer2024-03-21
TIER 3 · PRESSSupreme Court refuses to stay new law on appointment of CEC and ECsAll India Radio News (Akashvani)2024-03-21