‘We will take a call’: SC to exam plea seeking recall of split verdict on CEC, EC appointment law

New Delhi: The Supreme Court on Wednesday agreed to consider an application seeking the recall of its recent divided ruling on whether legal challenges to the 2023 law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should be referred to a larger Constitution bench.

On September 23, a two-judge bench, comprising Justices Dipankar Datta and Satish Chandra Sharma, delivered a split opinion on whether a batch of petitions contesting the 2023 legislation, which removes the Chief Justice of India from the selection panel for the CEC and ECs, merited a reference to a larger bench.

Owing to the disagreement, the panel had directed that the matter be placed before CJI Surya Kant on the administrative side to constitute a bench of appropriate strength for an authoritative ruling.

During Wednesday's proceedings, senior advocate Gopal Sankaranarayanan mentioned the recall application before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.

“We will examine and take a call,” the CJI said.

Sankaranarayanan clarified that the recall plea had previously been brought before a bench headed by Justice Datta, but was subsequently released from that bench, with directions to mention it before the CJI.

“There is a split verdict on the Chief Election Commissioner issue. We have mentioned an application for recall of the judgment,” the senior counsel submitted.

In response to a query from the CJI regarding other interlocutory applications (IAs), Sankaranarayanan noted that a curative petition had also been filed, though the recall application remained an independent plea.

“A curative petition has been filed. That, I think, will have to go in its own form. Whether it is maintainable, I don't know. Ours is an IA seeking recall of the judgment. Curative often requires a review,” he stated.

The fresh development follows the September 23 split verdict, wherein Justice Datta declined the Centre’s request to refer the challenge to a larger Constitution bench, while Justice Sharma favoured placing the matter before a larger panel.

PTI