The bench assured Bhushan and other parties that after some urgent listed matters, the court would take up the petitions for hearing on February 19.

The Supreme Court on Tuesday said it will hear on Wednesday the pleas challenging the appointments of the chief election commissioner (CEC) and election commissioners (EC) under the 2023 law, on a priority basis.

Advocate Prashant Bhushan mentioned the matter before a bench comprising Justices Surya Kant and N. Kotiswar Singh. Bhushan, representing the NGO Association for Democratic Reforms, vehemently argued that despite the Constitution bench verdict of 2023 directing selection and appointment of the CEC and ECs through a panel including the Chief Justice of India, the Centre excluded the CJI. Bhushan pressed that the Centre has made a "mockery of democracy".

Bhushan said the matter is listed tomorrow, as item number 41 on the cause list and urged the bench to take up the matter on the top of the board, as it requires urgent consideration. Bhushan said the government has appointed the CEC and EC as per the 2023 law, which is contrary to the view taken by a the Constitution bench. Advocate Varun Thakur, appearing for Congress leader Jaya Thakur, said three appointments were made by the government under the new law, which was under challenge.

The bench assured Bhushan and other parties that after some urgent listed matters, the court would take up the petitions for hearing on February 19. On February 17, the government appointed Election Commissioner Gyanesh Kumar as the next CEC. Kumar is the first CEC to be appointed under the new law and his term would run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.

Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was appointed as an Election Commissioner. Born on May 21, 1966, Joshi (58) would serve in the poll panel till 2031.

Earlier, Bhushan had argued that the top court in its March 2023 verdict had set up a panel comprising the Prime Minister, the Leader of Opposition, and the CJI to appoint the CEC and ECs. In December 2023, the Centre enacted The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The new law has replaced the Chief Justice of India by a minister on a panel to be set up for the purpose of selecting the CEC and ECs, which was directly in conflict with a judgment delivered by the apex court. “You need to have an independent committee to appoint the election commissioners,” Bhushan had said. In March last year, the apex court had declined to stay the appointments of new ECs under the new law and deferred the hearing on a batch of pleas challenging the appointments.