CJI Surya Kant To Examine Plea Seeking Recall Of Split Verdict In CEC Law Case

Chief Justice of India Surya Kant on Wednesday said he would examine an application seeking the recall of the Supreme Court’s split verdict in the case challenging the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Senior Advocate Gopal Sankaranarayanan mentioned the application before the Chief Justice of India, clarifying that it was an interlocutory application seeking the recall of the September 23 verdict delivered by a bench of Justice Dipankar Datta and Justice Satish Chandra Sharma, Live Law reports.

CJI Says Court Will ‘Take A Call’

“We will examine and then take a call,” Chief Justice Surya Kant said after Sankaranarayanan raised the matter.

The senior counsel also informed the court that another party had filed a curative petition against the split verdict. The Chief Justice said he had read about the curative petition, following which Sankaranarayanan confirmed that it had been filed by another party.

“But curative is to be preceded by a review,” Sankaranarayanan said, adding that the matter he was mentioning was an interlocutory application.

Bias Concern At Heart Of Plea

The application was filed by Naman Shrestra, who raised a reasonable apprehension of bias involving Justice Sharma because his son is a standing counsel for the Election Commission of India (ECI).

The applicant also submitted that Justice Sharma had not disclosed his son’s association with the ECI during the hearings. The contention puts the focus on questions of judicial disclosure and perceived conflict of interest, even as the application itself remains to be examined by the Chief Justice.

Split Verdict Sent Matter To Larger Bench

On September 23, Justice Datta and Justice Sharma expressed differing views on whether the petitions challenging the CEC law should be referred to a larger bench.

Justice Datta held that such a reference was unnecessary, while Justice Sharma took the opposite view. The bench ultimately referred the matter to a five-judge bench and placed it before the Chief Justice of India.

After the verdict, LiveLaw reported that Justice Sharma’s son is the ECI’s standing counsel in the Madhya Pradesh High Court.

Recall Plea Adds Another Layer To CEC Law Case

The latest application adds another legal issue to a case already marked by a split judicial opinion and a reference to a larger bench. The question before the Chief Justice now is whether the circumstances raised in the application warrant further consideration of the September 23 verdict.

For now, the Chief Justice has made no decision on the plea, saying only that he will examine it before taking a call.