The petitioners challenging the law regarding the appointment of Election Commissioners have urged the Supreme Court to prioritize hearing the matter tomorrow, just one day after the appointment of the new Chief Election Commissioner.

Although the petitions are listed as item number 41 for tomorrow, Advocate Prashant Bhushan urged Justice Surya Kant, who is presiding over the bench, to take them up as the first item, citing the low likelihood of the 41st item being heard.

"It is listed tomorrow as item 41, I am requesting that it be taken at top of the Board. It's exceedingly important for the future of our democracy," Bhushan, who is representing the Association for Democratic Reforms, submitted.

"They are making a mockery by appointing Election Commissioners in violation of the Constitution Bench judgment (in Anoop Baranwal), relying upon this new Act which we have challenged. I won't take more than 15-20 mins," he added.

Justice Surya Kant refused to change the current listing and advised the petitioners to wait until tomorrow.

Advocate Varun Thakur, representing another petitioner, argued, "The last three appointments have followed the same routine process." However, Justice Kant noted that the Supreme Court had previously declined to stay the implementation of the Act.

"You may mention it tomorrow, and we can take it up after urgent and fresh matters are addressed," Justice Kant stated.

The Court had initially agreed to hear the matter before the appointment of the new Chief Election Commissioner (CEC), following the retirement of Rajiv Kumar, and scheduled it for February 12. However, the case was not listed on that date and was instead moved to February 19.

Meanwhile, on February 18, Election Commissioner Gyanesh Kumar was elevated to the position of CEC.

To summarize, the petitions challenge the constitutionality of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which removed the Chief Justice of India from the selection panel responsible for appointing Election Commissioners.

The Election Commissioners Act was passed by Parliament in December 2023, just months after the Supreme Court, in March 2023, ruled that Election Commissioners should be appointed by a panel comprising the Prime Minister, the Leader of Opposition, and the Chief Justice of India until a law is enacted. The Court had issued this directive to ensure the independent appointment of ECs, free from executive influence.

Under the new Act, Election Commissioners are now selected by a committee consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha.

The enactment of this law has sparked multiple legal challenges, with Congress leader Jaya Thakur, the Association for Democratic Reforms, and others moving the Supreme Court to contest its validity.