SC TO HEAR PIL TO TREAT 2 ECs ON PAR WITH CEC ON DEC 1

The Supreme Court on Friday ordered that a copy of a plea seeking treatment of two Election Commissioners on par with the Chief Election Commissioner (CEC) in the matter of removability, be served upon the poll panel, reports PTI.

A bench of Chief Justices Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud listed the PIL, filed by lawyer Ashwini Kumar Upadhyay, for hearing on December 1.

The petition has sought direction to the Centre not to remove the two Election Commissioners (ECs) from their office, except in a similar manner and grounds as the CEC.

The plea pointed out that the provision under Article 324 (5) of the Constitution protects the CEC from removal except if the manner and grounds of removal are the same as a judge of the Supreme Court.

It said the reason for giving this protection to the CEC was in order to ensure autonomy to the ECI from external pulls and pressure but the “rationale behind not affording similar protection to ECs is not explicable.”

“The element of independence sought to be achieved under the Constitution is not exclusively for an individual alone but for the institution. Hence, autonomy to the ECI can only be strengthened if ECs are also provided with the similar protection as that of CEC,” the PIL said.