Justice Sanjiv Khanna Recuses Himself From Plea Against Election Commissioners' Appointment Law

Justice Sanjiv Khanna recused himself from hearing pleas challenging the exclusion of the Chief Justice of India from the panel for appointing the Chief Election Commissioner under the new Election Commissioners' Act.

Justice Sanjiv Khanna on Tuesday stepped down from hearing petitions that contest the constitutionality of the law removing the Chief Justice of India (CJI) from the panel responsible for appointing the Chief Election Commissioner (CEC) and other election commissioners.

The Chief Justice, who shared the bench with Justice Sanjay Kumar, informed the petitioners’ advocates that he could not preside over the matter. "This case will be listed before a bench that does not include me," the CJI stated.

He also confirmed that the case would be reassigned to a different bench and scheduled for a hearing after the winter break. In the interim, the Centre and other respondents were instructed to file their replies to the petitions.

Senior advocate Gopal Sankaranarayanan and lawyer Prashant Bhushan, representing the petitioners, highlighted that Justice Khanna, prior to his elevation as CJI, had issued interim orders in this matter in March 2023.

The controversy surrounds the Election Commissioners' Act, enacted in December 2023, which replaces the CJI with a panel comprising the Prime Minister, a Cabinet Minister, and the Leader of the Opposition for appointing the CEC and election commissioners.