CEC moves Supreme Court
Source : The Hindu
GS II : Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity

Why in News ?

EC moves Supreme Court against Madras HC over the comment that EC responsible for Covid wave remark.

Background

The high court had criticised the Commission for conducting elections during the second wave of the pandemic and failing to ensure adherence to Covid norms.

• Observed that EC officials must be tried on charges of murder for their failure to ensure adherence to Covid protocols during assembly elections in West Bengal, Tamil Nadu, Kerala, Assam and Puducherry.
• The EC should not have allowed political parties to take out rallies.
• The High Court, however, refrained from passing any such order.

Key Facts

• In its plea the EC has asked the Supreme Court to expunge the HC’s remarks, terming them uncalled for and blatantly disparaging.
• According to the Election Commission it affect the constitutional authority of EC.
• Tarnished the image of the ECI as an independent constitutional agency that is entrusted with the constitutional responsibility of conducting elections.
• A special leave petition urged the top court to direct the police not to register cases for murder against Election Commission officials
  • Also it aims to take any coercive action on the basis of media reports on oral observations attributed to the High Court judges.

Special Leave Petition : Article 136

Special leave to appeal by the Supreme Court : 
The aggrieved party takes special permission to be heard in Supreme Court against the judgment given by the appeals court generally Supreme Court and sometimes Tribunals. It’s up to the Supreme Court to grant the petition to be heard if it deems fit to be heard.

Article 136

• Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
• Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

Election Commission

• Election Commissioners, who are charged with the free and fair conduct of polls.
• The appointment of the chief election commissioner and other election commissioners shall be made by the president.
• The President of India (based on a recommendation from incumbent Govt of India) appoints the Chief Election Commissioner.
• Conventionally, senior-most Election Commissioner is appointed as CEC.
• He has tenure of six years, or up to the age of 65 years, whichever is earlier.
• President may also appoint after consultation with the election commission such regional
  commissioners as he may consider necessary to assist the election commission.
• At present, the Election Commission of India is a three-member body, with one Chief Election Commissioner and two Election Commissioners.