SC to examine plea to recall split verdict on EC appointments law

The Supreme Court has agreed to examine a plea seeking the recall of its split verdict on the 2023 CEC appointment law. The application raises concerns of bias against a judge whose son is a counsel for the Election Commission of India.

The Supreme Court on Wednesday agreed to examine an application seeking recall of the September 23 split verdict on challenges to the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

The plea comes amid an apprehension of bias against Justice Satish Chandra Sharma, who was part of the bench that delivered the split verdict, after it emerged that his son is standing counsel for the Election Commission of India before the Madhya Pradesh High Court.

Senior advocate Gopal Sankaranarayanan mentioned the application before a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana. The counsel said an interlocutory application (IA) was filed seeking recall of the judgment delivered by a bench of Justices Dipankar Datta and Satish Chandra Sharma.

“We will examine and then take a call,” CJI Surya Kant said.

Background of the Split Verdict

Sankaranarayanan also informed the CJI that another party had filed a curative petition against the split verdict.

The September 23 verdict arose from petitions challenging the validity of the 2023 law governing the appointment of the CEC and Election Commissioners. Justices Datta and Sharma delivered divergent opinions on whether the pleas should be referred to a larger bench. While Justice Datta held that a reference to a larger bench was unnecessary, Justice Sharma favoured such a reference.

The bench ultimately referred the issue to a five-judge bench and placed the matter before the CJI for appropriate directions.

Details of the Challenged Law

The order of the apex court had come on petitions challenging the validity of the 2023 law relating to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners, which dropped the CJI from the selection panel for Election Commissioners.

The 2023 law replaced the selection mechanism prescribed by the Supreme Court in its 2023 judgment in Anoop Baranwal and excluded the CJI from the selection committee. Under the new law, the committee comprises the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister and the Leader of the Opposition in the Lok Sabha. (ANI)

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