Supreme Court to hear plea seeking recall of split verdict on CEC appointment law

New Delhi: The Supreme Court will examine a plea seeking the recall of Justice Satish Chandra Sharma’s opinion in a split verdict concerning the law governing the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners.

The plea challenges the decision of a two-judge bench, which last month differed over whether petitions challenging the 2023 law should be referred to a larger bench.

Justice Dipankar Datta rejected the request for reference to a Constitution Bench, while Justice Sharma held that the matter involved substantial constitutional questions and should be considered by a larger bench. Following the disagreement, the matter was placed before the Chief Justice of India for a decision on forming a Constitution Bench.

The fresh plea seeks the recall of Justice Sharma’s opinion. It reportedly raises concerns over a possible conflict of interest, alleging that the judge’s son has appeared as standing counsel for the Election Commission of India before the Madhya Pradesh High Court.

The petitions before the Supreme Court challenge the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The law provides for the appointment of the CEC and Election Commissioners by a three-member selection panel comprising the Prime Minister, a Union Cabinet minister and the Leader of the Opposition in the Lok Sabha.

The court’s latest move comes amid multiple pleas seeking reconsideration of the September 23 split verdict, including a curative petition alleging a “reasonable apprehension of bias” and concerns relating to judicial propriety.