SC to examine plea to recall split verdict on CEC appointment law

The Supreme Court on Wednesday agreed to examine an application seeking recall of its September 23 split verdict concerning the law governing appointments to the Election Commission. The court said it would consider the plea and take a call.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was informed about the application by senior advocate Gopal Sankaranarayanan. He said the plea had earlier been mentioned before a bench headed by Justice Dipankar Datta but was later released from that bench.

Sankaranarayanan told the court that the recall application was separate from a curative petition already filed in the matter. He said the curative petition would follow its own procedure and could raise questions of maintainability.

The September 23 verdict was delivered by Justices Datta and Satish Chandra Sharma on a request to refer challenges to the 2023 appointments law to a larger Constitution bench. The judges differed on whether such a reference was required.

Justice Datta declined the Centre's request to refer the matter to a larger bench, while Justice Sharma supported it. The case was consequently placed before the Chief Justice on the administrative side for the constitution of an appropriate bench.

The pending challenges concern the Chief Election Commissioner and Other Election Commissioners Act, 2023. The law excludes the Chief Justice of India from the panel that selects the Chief Election Commissioner and Election Commissioners.

(With inputs from PTI)