The Supreme Court will hear the election commissioner appointment case on March 15 leader

Leader Online Desk : Congress leader Jaya Thakur had filed a petition in the Supreme Court demanding that the central government not allow the appointment of election commissioners under the new Election Commissioner (Conditions of Service and Occupation) Act, 2023. The Supreme Court has agreed to hear this petition. The court has fixed the date of March 15 for the hearing of this case, reports 'Bar and Bench'. Interestingly, a meeting will be held on the same day under the leadership of Prime Minister Narendra Modi to fill two vacant posts of Election Commissioner in the Election Commission.

Arun Goyal suddenly resigned from the post of Election Commissioner. After this, a petition was filed in the Supreme Court on Monday demanding that the appointment of the Election Commissioner should not be allowed under the new law. The Supreme Court has considered listing the matter for immediate hearing.

What is demand?

Jaya Thakur has said in her petition that her petition regarding the appointment of Election Commissioner is pending in the Supreme Court. The Supreme Court had issued a notice in this regard on January 12. Meanwhile, Election Commission member Arun Goyal has resigned. Lok Sabha Elections can be announced anytime soon. Therefore, there is an urgent need to appoint the Election Commissioner. There is a need for the Supreme Court to issue clear guidelines regarding the appointment.

What provisions in the new law?

A government notification regarding the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Act has been issued on Friday, March 8. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 provides for a Selection Committee of Commissioners and Other Election Commissioners to make recommendations to the President for the appointment of Chief Election Commissioners under the chairmanship of the Prime Minister, the Leader of the Opposition and a Union Minister.

Section 10 regarding salary of Chief Election Commissioner/Commissioner has been amended. At present, Commissioners get the same salary as Supreme Court Judges. Now, as per the new law, the salary of the Commissioner has been made at par with that of the Cabinet Secretary. The salary of a cabinet secretary is equal to that of a judge; But there is a big difference in the allowances and other facilities they get. Section 15(A) relating to service conditions has been amended and section 15(A) has been added, which mentions traveling allowance, medical, LTC and other facilities of the Commissioner, while section 15(A) states that during the election process the Chief Election Commissioner Nor can an FIR be lodged against the decisions taken by the Election Commissioner. Only these decisions can be challenged in court.

Provision for removal of Election Commissioner on the recommendation of the Chief Election Commissioner

The section relating to appointment of Election Commissioner has been amended. Now, before the appointment of the commissioner, the law minister of the country and two officials of the secretary level of the government of India will form a five-member panel. Further commissioners will be appointed from this panel. Section 11 lays down the procedure for removal of Chief Election Commissioner and Election Commissioner. While the Chief Election Commissioner can only be removed through the process of a Supreme Court judge, the new law provides for the removal of an Election Commissioner on the recommendation of the Chief Election Commissioner.