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regular-article-logo Sunday, 23 March 2025

TMC MP Mahua Moitra files petition in SC to support pleas that challenge validity of CEC/EC appointment

The appointment of the Chief Election Commissioner has been mired in controversies since the Modi govt introduced a new law replacing the CJI with a Union cabinet minister recommended by the prime minister in the selection panel

Our Bureau Published 19.02.25, 12:16 PM
Mahua Moitra

Mahua Moitra PTI

Trinamul’s Krishnagar MP Mahua Moitra on Wednesday filed a petition supporting the legal challenge to the appointment of the Chief Election Commissioner and other Election Commissioners in the Supreme Court.

The matter is listed for hearing in the apex court later on Wednesday.

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“I have moved SC in support of existing petitions seeking setting aside of government dominated panel for selection of CEC/EC. Also suggested how independent selection process can be ensured,” Mahua wrote on her ‘X’ (formerly Twitter) handle.

The new appointee Gyanesh Kumar took charge as the chief election commissioner on Wednesday morning. The leader of Opposition Rahul Gandhi had submitted a dissent note on the Monday following the midnight appointment of Gyanesh Kumar as the chief election commissioner barely 48 hours before the SC hearing.

The appointment of the Chief Election Commissioner has been mired in controversies since the Narendra Modi government introduced a new law replacing the Chief Justice of India with a union cabinet minister recommended by the prime minister in the selection panel. The third member of the panel is the leader of Opposition. The previous panel included the PM, the leader of Opposition and the Chief Justice of India.

The Opposition and civil rights organisation have raised questions on the new selection panel arguing that two of the members representing the government gave it an advantage.

Congress spokesperson Supriya Shrinate asked why was the centre in a hurry to appoint the new CEC. “Why couldn’t they wait for the SC hearing to conclude? What was their motive behind excluding the CJI and bringing in their own minister into the panel? What do they want to do? If the CJI can remain in the panel for selection of CBI director then why not for the election commissioners too,” Shrinate asked.

RJD leader Tejashwi Yadav said the Election Commission has been reduced to a cheerleader. “When two teams play a match, the umpire should be neutral. These days we have cheerleaders in cricket and that is what the EC has been reduced to,” said Yadav.

The law was challenged by NGOs and the opposition parties.

The central poll panel’s role has been objected to by the opposition alleging electoral rolls manipulation in the Assembly elections in Maharashtra and Delhi and spike in the voters’ turnout between the end of the polling and counting day.

Bengal chief minister and Trinamul chairperson Mamata Banerjee has also raised the issue of manipulation in the electoral rolls ahead of next year’s Assembly polls.

Appearing before the division bench of Justices Surya Kant and N Kotiswar Singh on Tuesday, lawyer Prashant Bhushan had said the matter required urgent attention.

“The matter has been listed for Wednesday as item number 41. The government has appointed the CEC and the EC as per 2023 law disregarding the view taken by a constitution bench,” Bhushan told the bench.

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