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Supreme Court to Hear Petitions Against Election Commissioners’ Appointment Law Introduction: A Landmark Hearing on Electoral Independence The Supreme Court of India is set to hear multiple petitions on Wednesday, challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 . The primary contention is that this Act excludes the Chief Justice of India (CJI) from the selection panel , raising concerns about the independence and neutrality of the Election Commission. Background: What Does the 2023 Act Change? The Chief Election Commissioner (CEC) and Other Election Commissioners Act, 2023 has replaced the earlier selection process that involved a panel comprising: ✅ Prime Minister ✅ Leader of the Opposition in Lok Sabha ✅ Chief Justice of India (as mandated by the Supreme Court in March 2023) Under the new law, the CJI has been removed , and a Union Cabinet Minister (nominated by the Prime Ministe...

Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...

Delhi Polls 2025: Election Commission Bans Exit Polls on February 5 Election Commission Notification on Exit Poll Ban The Election Commission of India (ECI) has issued a notification prohibiting the conduct, publication, or publicizing of exit polls on February 5, 2025. The ban will be in effect from 7:00 AM to 6:30 PM, coinciding with the voting process for the Delhi Assembly elections and two by-elections in Uttar Pradesh and Tamil Nadu. Legal Basis for the Ban The notification, issued on January 22, enforces Section 126A of the Representation of the People Act, 1951, which prohibits exit polls during a specified period. It also restricts the display of election-related content, including opinion poll results, in electronic media for 48 hours leading up to the conclusion of voting. This move is aimed at ensuring a fair electoral process without undue influence on voters. States and Constituencies Affected Apart from the Delhi Assembly elections, by-polls will also be held in the M...

SC Issues Notice to Centre, Election Commission on Plea  Seeking to Declare Freebies as Bribes In a significant legal development, the Supreme Court of India has issued notices to the Central Government and the Election Commission of India (ECI) on a petition seeking to declare pre-election promises of freebies as bribes  under the Representation of the People Act, 1951. This move brings renewed focus on the longstanding debate surrounding the practice of offering freebies by political parties in the run-up to elections. Petition Highlights Concerns Over Freebies The petition, filed by Shashank J Shreedhara , a Karnataka resident, urges the apex court to take action against political parties that promise freebies during election campaigns. The plea seeks a directive for the Election Commission to prohibit such practices, which the petitioner argues undermine the integrity of the electoral process by influencing voters with short-term personal benefits rather than focusing o...

Plea Filed in Supreme Court for Restoration of  Jammu and Kashmir’s Statehood A fresh plea has been filed in the Supreme Court  of India, urging the Court to issue directions for the immediate restoration of statehood to Jammu and Kashmir . The application, filed by Zahoor Ahmed Bhat (a college teacher) and activist Khurshaid Ahmad Malik , calls for a time-bound restoration of Jammu and Kashmir’s statehood, stating that the delay is causing significant harm to both the federal structure of the country and the fundamental rights of its citizens. Background and Key Points of the Plea Union Government’s Assurance The plea argues that despite assurances given by the Solicitor General of India that Jammu and Kashmir’s statehood would be restored, there has been no progress over the last ten months  since the Supreme Court’s decision on the abrogation of Article 370 . The petitioners have filed this application seeking a two-month timeframe  for the restoration of sta...

BJP MP Bhartruhari Mahtab Takes Oath as Pro-Tem Speaker Seven-time MP Bhartruhari Mahtab was sworn in as the pro-tem Speaker of the 18th Lok Sabha on Monday. The oath was administered by President Droupadi Murmu at Rashtrapati Bhavan, marking the commencement of the 18th Lok Sabha's first session, which will begin with the oath-taking of the new MPs. Understanding the Role of a Pro-Tem Speaker A pro-tem Speaker, or temporary Speaker, is appointed for the initial meetings of the newly elected Lok Sabha, particularly to preside over the first sitting of the House, administer the oath to new members, and oversee the election of the new Speaker. This position is critical in ensuring that the newly elected House starts functioning smoothly. Constitutional Provision The role of the pro-tem Speaker is not explicitly defined in the Indian Constitution but is derived from parliamentary conventions and practices. Article 94 of the Indian Constitution deals with the Speaker and Deputy Speaker...

NCP(SP) Leader Jitendra Awhad Faces Legal Action for Posting Fake Video on Manipur Elections Case Registered Against NCP (SP) Leader Jitendra Awhad A case has been registered against the Nationalist Congress Party Case (Sharadchandra Pawar) against NCP (SP) leader Jitendra Awhad for posting a fake video; Manipur CEO issues fake news alert (NCP (SP) ) leader Jitendra Awhad for allegedly posting a fake video related to the Manipur elections. The video purported a mismatch between the button pressed in the Ballot Unit and the Paper Slip generated through the Voter Verifiable Paper Audit Trail (VVPAT) in Manipur's Khurai Assembly Segment Polling Station. Charges Filed by Manipur Police The Manipur Police has charged Awhad with various offenses under sections 120-B, 203, 505(1)(2), 171-C, 171-E of the Indian Penal Code (IPC), and sections 123 and 136 of the Representation of the People Act. These include criminal conspiracy, providing false information, statements causing publ...

Supreme Court Rejects Petitions for 100% Verification of EVM Votes with VVPAT Slips In a significant ruling, the Supreme Court of India has dismissed all petitions seeking 100% verification of Electronic Voting Machines (EVMs) votes with their Voter Verifiable Paper Audit Trail (VVPAT) slips. Additionally, the court declined the prayer to revert to the paper ballot voting system, asserting the credibility and safety of the current electoral process. Directions by the Supreme Court The apex court issued two crucial directions in light of the petitions. Firstly, it mandated the sealing of the Symbol Loading Unit (SLU) in containers after the completion of the symbol loading process, to be stored securely for a minimum of 45 days. Secondly, it ruled that the burnt memory in the microcontroller EVM shall be subject to verification by a team of engineers post the declaration of results, upon request by candidates within seven days. The expenses for such verification are to be borne by the c...

Ensuring Electoral Integrity: Supreme Court Seeks Clarity on EVM-VVPAT Verification Supreme Court Seeks Clarification on EVM Verification: The Supreme Court recently sought clarification from Election Commission of India (ECI) officials regarding pleas seeking 100% verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) slips. This move comes in response to a batch of petitions aiming for comprehensive cross-verification of EVM votes with VVPAT records. Queries Raised by the Bench: During the hearing, the bench of Justices Sanjiv Khanna and Dipankar Datta posed several questions to an ECI official regarding the functionality of EVMs, particularly inquiring whether the microcontrollers embedded in them are reprogrammable. The bench sought clarity on the placement of microcontrollers, whether in the controlling unit or the VVPAT, and whether the flash memory of these microcontrollers can be reprogrammed. Official Response and Cou...

BJP Candidate Elected Unopposed in Surat Lok Sabha Polls In a surprising turn of events, BJP candidate Mukesh Dalal has emerged victorious from the Surat Lok Sabha seat without facing any opposition, as all other candidates withdrew their nominations. This development marks a significant moment in the electoral landscape of Gujarat, with the ruling party securing a landslide victory in the constituency. Congratulations and Best Wishes to Mukesh Dalal Gujarat BJP President CR Paatil took to social media to extend his congratulations to Mukesh Dalal, hailing the win as a testament to the overwhelming support for the BJP in Surat. The District Collector and Election Officer formally presented Dalal with the certificate of Member of Parliament (MP), solidifying his unopposed election. Withdrawal of Nominations by Other Candidates The withdrawal of nominations by other candidates, including Congress' Nilesh Kumbhani and Suresh Padsala, came after a series of complications, including the...