Justice Sanjiv Khanna

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.

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).

• 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