Chief Justice of India Sanjiv Khanna on Tuesday recused from hearing a batch of pleas that challenged exclusion of the CJI from the panel meant for selecting the chief election commissioner and election commissioners.
A bench-led by CJI Khanna and Justice PV Sanjay Kumar was scheduled to hear the matter. However, CJI told advocates appearing for the PIL petitioners that he chose to opt out of the case.
Senior advocate Gopal Sankaranarayanan and lawyer Prashant Bhushan said the previous bench headed by Justice Khanna had passed interim orders in the matter.
“List the matter before a bench of which I am not a part of,”, the CJI said, as quoted by Bar and Bench.
Justice Khanna, who has become the 51st CJI after former CJI D Y Chandrachud demitted office, said the cases would now be listed before another bench after the winter break.
The CJI asked the Centre and others to file the responses to the PILs in the meantime.
Several persons, including an NGO, have challenged the validity and sought a stay on the operation of Section 7 of the Chief Election Commissioner and other Election Commissioners Act, 2023, which excludes the CJI from the panel that picks the CEC and ECs.
The Centre said the Election Commissioners were being appointed by the executive for over 73 years.