Supreme Court to examine application seeking recall of CEC law split verdict
Chief Justice of India Surya Kant stated that the Supreme Court will review an application to recall a September 23 split verdict regarding the CEC appointments law.
News Desk · · 2 min read
The Supreme Court on Wednesday agreed to examine an application seeking the recall of its September 23 split verdict concerning the law governing Chief Election Commissioner appointments. Chief Justice of India Surya Kant stated that the court would review the request and determine its next course of action.
Senior advocate Gopal Sankaranarayanan mentioned the recall application before a bench headed by Chief Justice Kant, alongside Justices Joymalya Bagchi and V Mohana. The counsel informed the bench that the matter had initially been placed before a bench led by Justice Dipankar Datta, which subsequently directed that the application be brought before the Chief Justice as the master of the roster.
The underlying proceedings stem from petitions challenging Sections 7 and 8 of the Chief Election Commissioner and Other Election Commissioners Act of 2023. On September 23, a two-judge bench comprising Justices Dipankar Datta and Satish Chandra Sharma delivered divergent opinions on whether the challenge should be referred to a larger Constitution Bench. While Justice Datta rejected the reference, Justice Sharma favored placing the matter before a five-judge bench.
The application for a recall follows subsequent contentions raised regarding the composition of the original bench. The petitioner has argued that judicial propriety warrants a recall of the opinion delivered by Justice Sharma, pointing to a conflict of interest arising from media reports that the judge's son serves as standing counsel for the Election Commission of India in the Madhya Pradesh High Court.
In addition to the recall application, a separate curative petition filed by Congress leader Jaya Thakur has also been registered in connection with the same proceedings. When counsel noted the existence of the curative petition, the bench observed that the separate filing would follow its own judicial trajectory.
Chief Justice Kant did not issue an immediate order on the merits of the recall plea, telling the courtroom that the bench would examine the papers before taking a final call. The administrative decision on whether to entertain the recall request or constitute a bench to hear it is expected shortly.
