On February 17, the government appointed Gyanesh Kumar as the new CEC, making him the first to be appointed under the 2023 law.

The Supreme Court on Tuesday announced that it will prioritise hearings on the pleas challenging the appointments of the Chief Election Commissioner (CEC) and Election Commissioners (EC) under the 2023 law.

The bench, consisting of Justices Surya Kant and N. Kotiswar Singh, was informed by advocate Prashant Bhushan, representing an NGO, that despite the Constitution bench's 2023 ruling, which called for the CEC and ECs to be selected by a panel that includes the Chief Justice of India (CJI), the government had excluded the CJI from the process.

Bhushan described this exclusion as a "mockery of democracy."

Bhushan argued, "The matter is listed for February 19, but it is item number 41. The government has made the appointments under the 2023 law, disregarding the Constitution bench's decision. We request that the matter be heard on top priority, as it requires urgent attention."

Advocate Varun Thakur, representing petitioner Jaya Thakur, highlighted that three appointments had been made by the government under the new law, which is now being challenged. The bench assured Bhushan and other parties that, following some urgent matters, the case would be heard on February 19.

On February 17, the government appointed Gyanesh Kumar as the new CEC, making him the first to be appointed under the 2023 law. Kumar's tenure will run until January 26, 2029, just ahead of the expected schedule for the next Lok Sabha elections. Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was also appointed as an EC, with a term lasting until 2031. According to the law, CECs and ECs retire at 65 or serve a six-year term.

The Supreme Court had previously scheduled the hearing for February 19 after Bhushan expressed concerns that the appointments were made under a law that excluded the CJI from the selection panel. This law, he argued, effectively put the appointments under the control of the government, undermining the independence of the Election Commission.

On March 15, 2024, the Court had refused to stay the appointments but deferred hearings on a series of pleas challenging the new law. The petitioners contended that the exclusion of the CJI from the panel for selecting the CEC and ECs amounted to excessive political interference, which could damage the integrity of the Election Commission and, by extension, the democratic process.

The Association for Democratic Reforms (ADR) has filed a challenge against the exclusion of the CJI, arguing that it leaves the Election Commission vulnerable to political and executive influence, undermining its ability to conduct free and fair elections. The NGO is seeking to have Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which excludes the CJI from the selection panel, invalidated.