The Supreme Court of India has scheduled a hearing on February 19 for pleas challenging the appointment of the Chief Election Commissioner and Election Commissioners under the 2023 law. The court emphasized the potential consequences if any action is taken before the hearing. The pleas argue that the 2023 law, which excludes the Chief Justice of India from the selection panel, undermines the independence of the Election Commission and allows for undue influence from the executive branch. The court's earlier verdict in March 2023 called for an independent selection panel comprising the Prime Minister, Leader of the Opposition, and the Chief Justice of India to ensure the integrity of the Election Commission. The case highlights concerns about the independence of India's electoral process and the potential for political influence in the appointment of key election officials.
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The Supreme Court will hear on February 19 pleas challenging the appointments of the Chief Election Commissioner and Election Commissioners under the 2023 law. The court will take up the matter on a priority basis, after some urgent listed matters. The government has appointed a new CEC and ECs under the new law, which excludes the Chief Justice of India from the selection panel, despite a 2023 Supreme Court verdict directing the inclusion of the CJI in the panel. The petitioners argue that the exclusion of the CJI undermines the independence of the election commission.
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The Supreme Court has adjourned pleas challenging the appointments of the chief election commissioner (CEC) and election commissioners (ECs) under the 2023 law. The court indicated the matter would be listed after the Holi festival break due to a paucity of time. Petitioners, including the NGO Association for Democratic Reforms, argued for an urgent hearing, emphasizing the importance of the issue and the potential impact on democratic processes. The appointment of the new CEC and ECs under the 2023 law, which excludes the Chief Justice of India from the selection panel, has been a point of contention, with petitioners alleging it undermines the independence of the election commission.
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On Thursday, August 8, 2024, an Election Commission team led by Chief Election Commissioner Rajiv Kumar arrived in Srinagar to meet with representatives of political parties.
Chief Election Commissioner Rajiv Kumar has asserted the integrity of India's electoral process, stating that no discrepancies have been found between the votes counted on electronic voting machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) slips. Addressing concerns about mismatches in polling figures, Kumar attributed the issue to limitations in the data reported by the Voter Turnout Reporting (VTR) app, which excludes postal ballot votes. He emphasized the robust mechanisms in place to ensure accuracy, including reconciliation of every vote with Form 17C and thorough review of any minor errors. Kumar highlighted that the Election Commission rigorously follows guidelines for all aspects of the electoral process, including electoral rolls and machine handling.
On deletions, Kumar clarified that they are processed only through Form 7 or Form B, following strict guidelines.
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Addressing reporters at his residence soon after the meeting ended, Chowdhury said six names came up before the panel for the selection of the two ECs and the names of Sandhu and Kumar were finalised by a majority of members of the high-powered panel.
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The political parties have been given time slots for the meeting with the Election Commission.
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It will be court's opinion versus the legislative power to enact law, the Supreme Court on Wednesday said as it posted the pleas challenging the appointment of the chief election commissioner and election commissioners under the 2023 law on February 4.
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Kumar also said exit polls create a huge distraction by raising expectations and it was a matter for self-introspection for the media, particularly electronic media.