SC refuses to adjourn hearing on pleas against EC law

PTI, May 6, 2026, New Delhi: The Supreme Court on Wednesday refused to accede to the Centre’s request to adjourn the hearing on pleas challenging the constitutional validity of a 2023 law that removed the CJI from a committee responsible for appointing the Chief Election Commissioner and the deputies, saying the matter is “more important” than the Sabarimala case.

A nine-judge Constitution bench headed by Chief Justice Surya Kant is currently hearing petitions regarding discrimination against women at religious sites, including the Sabarimala temple in Kerala, as well as the scope of religious freedom across various faiths.

A bench comprising Justices Dipankar Datta and Satish Chandra Sharma turned down the request by Solicitor General Tushar Mehta, appearing for the Centre, to adjourn the hearing on the ground that he was currently occupied before a nine-judge bench in the Sabarimala reference case.

Referring to the gravity of the current challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, Justice Datta said:

“This matter is more important than any other matter.”

“Let your (Solicitor General’s) associates take notes today. Let the petitioners start. All matters are important. We read in the newspapers that there is an observation that the PIL in Sabarimala should not have been entertained by the court. So, with due respect to the judges, nine judges are occupied in a matter where there is an observation that it should not have been entertained in the first place,” Justice Datta said.

The bench then directed the petitioners to conclude their arguments by Thursday, allowing the Centre to present its submissions on a subsequent date.

The bench then proceeded with the hearing, which is underway.

Earlier, on March 20, CJI Surya Kant recused himself from hearing the petitions.

“I will be accused of conflict of interest. There is a conflict of interest,” the CJI had said.