Ex-IPS Officer Amitabh Thakur Moves Allahabad High Court Challenging Immunity Clause In Election Commissioners' Act 2023

Section 16 of the 2023 Act, in effect, insulates the Chief Election Commissioner and other Election Commissioners from any legal action, be it civil or criminal, for decisions taken while in office.

It reads thus: "Notwithstanding anything contained in any other law for the time being in force, no Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function".

However, during the hearing, a preliminary objection was raised regarding the maintainability of the writ petition for the relief sought to be claimed therein.

In view of this, a bench of Justice Sangeetа Сhаndra and Justice Brij Raj Singh granted Thakur time to appropriately amend the writ petition.

The matter will now be heard on September 5.

It may be noted that in his plea, Thakur sought a writ of mandamus or appropriate direction restraining the Union of India and the Election Commission from giving effect to Section 16 of the 2023 Act.

Thakur contended that this provision is ultra vires the Constitution of India as it grants blanket protection to Election Commissioners and undermines constitutional principles of accountability.

Additional Solicitor General of India Shashi Prakash Singh, along with Deputy Solicitor General of India SB Pandey, assisted by Advocate Deepanshu Das, appeared for the Union of India. Senior Advocate OP Srivastava, assisted by Advocate Anupriya Srivastava, appeared for respondent no.2.