The Supreme Court will consider a plea to recall a split verdict in the law for appointing Chief Election Commissioner (CEC) and Election Commissioners (ECs) earlier in the week. Chief Justice of India Surya Kant said the application would be considered before deciding whether it should be listed for hearing.
Senior advocate Gopal Sankaranarayanan mentioned the application before a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana. The petition is for recall of the September 23 verdict of a two-judge bench of Justices Dipankar Datta and Satish Chandra Sharma.
“We will examine and take a call,” said CJI Surya Kant.
The dispute relates to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. It changed the process of appointing the CEC and ECs and removed the Chief Justice of India from the selection panel.
The September 23 proceedings resulted in a split verdict. Justice Dipankar Datta did not want to refer the challenge to the 2023 law to a larger Constitution Bench, while Justice Satish Chandra Sharma thought it should be taken to a larger bench. The matter was brought before the CJI for further direction.
The recall application was filed by Naman Sherstra, one of the petitioners challenging the validity of the 2023 law. The application was earlier mentioned before Justice Datta's bench, but the matter was then released and the petitioner was asked to approach the CJI.
The latest development also comes amid a separate curative petition concerning the verdict on September 23. The court was told on Wednesday that another party had filed such a petition. The recall application and the curative petition were separate, the counsel said.
One of the issues raised by the petitioners is an alleged conflict of interest concerning Justice Satish Chandra Sharma. The report said that his son is appearing as counsel for the Election Commission before the Madhya Pradesh High Court.
The Supreme Court’s response does not amount to a decision on the recall request. The CJI has indicated that the court will first examine the application and then decide what course should be followed.
The case is of particular significance because the appointment law in 2023 relates to the process after which India’s top election officials are chosen.
Any further view by the Supreme Court would be of great importance in this constitutional battle over the legislation and the makeup of the government agency that oversees elections.
