Chief Justice of India (CJI) Sanjiv Khanna on Tuesday recused himself from hearing a series of petitions challenging the legislation regulating the appointment and service conditions of the Chief Election Commissioner (CEC) and other Election Commissioners.

The case was scheduled to be heard today by a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar; however, the CJI decided to recuse himself.

"List the matter before a bench of which I am not a part of,", the CJI said and also directed that the matter be listed next in January 2025.

The parties were directed to complete their pleadings before the next hearing. Earlier this year, a Bench comprising Justice Khanna and Justice Dipankar Datta had declined to stay the law governing these appointments. 

The legislation stipulates that appointments to the posts of Chief Election Commissioner and Election Commissioners will be made by a selection committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. The Bench had also refused to interfere with the appointments of Election Commissioners Sukhbir Singh Sandhu and Gyanesh Kumar.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, has been challenged on the grounds that it contradicts the Supreme Court's judgment in Anoop Baranwal v. Union of India & Ors., which recommended including the Chief Justice of India in the selection process for Election Commissioners.

In response, the Union government emphasized that for over 73 years, the appointment of Election Commissioners in India has been the exclusive prerogative of the executive.