Supreme Court Refuses Adjournment in Election Commissioners Act Petition
The Supreme Court on 6 May 2026 denied the Union Government’s plea to postpone the hearing of petitions challenging the Election Commissioners Act, 2023. The petitions question whether the Act complies with the Court’s March 2023 judgment that ECs must be appointed by a neutral panel until Parliament enacts a law.
Key Developments
- Solicitor General of India Tushar Mehta sought a two‑judge bench led by Justice Dipankar Datta to adjourn the hearing, citing his involvement in the Sabarimala matter before a nine‑judge bench.
- Justice Datta, referencing comments that the PIL on Sabarimala should not have been entertained, emphasized that the present EC case is more consequential.
- The bench, comprising Justice Satish Chandra Sharma, rejected the adjournment, directing petitioners to begin arguments and asking the Union to present its case on a later date.
- Petitioners were instructed to finish their arguments by the following day.
Important Facts
The petitions were filed by Dr. Jaya Thakur, the NGOs Association for Democratic Reforms and Lok Prahari, among others. The challenged Act, passed in December 2023, creates a selection committee of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition (or leader of the largest opposition party in the Lok Sabha). Critics argue this co