The Supreme Court on Friday came down heavily on “seasonal litigation” challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants immunity to election officials.

The petitioner argued that the provision confers “blanket immunity” on the Chief Election Commissioner and Election Commissioners, immunity that, according to counsel, is “not even available to the President and Governor.”

The Bench of Chief Justice of India, Justice Surya Kant,Justice Joymalya Bagchi, and Justice Vipul M. Pancholi, however, questioned the timing and maintainability of the plea, remarking:

“Why this kind of seasonal litigation starts coming only when the elections are there?”

Expressing strong disapproval of the drafting standards, the Court observed:

“Vague and evasive… nobody knows the basic tenets of how the petition is to be drafted. Absolutely absurd petitions are filed… Ask your office youngsters to learn what is the law of pleading.”

The Court permitted withdrawal with liberty to apprach appropriate forum. The petition was, accordingly, disposed of as withdrawn.