Chief Justice of India Surya Kant addressing a cermony (Img: Pinterest)
New Delhi: The Supreme Court is likely to soon decide whether to entertain a plea seeking recall of its September 23 order that referred the challenge to the law governing the appointment of the Chief Election Commissioner (CEC) and Election Commissioners to a Constitution Bench.
Chief Justice of India Surya Kant said the court would examine the matter and take a decision when the plea was mentioned for urgent hearing on Wednesday.
The application has been filed by Naman Sherstra, one of the petitioners challenging the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The plea seeks recall of the order passed by a bench comprising Justices Dipankar Datta and Satish Chandra Sharma. The bench had referred the matter to the Chief Justice for consideration of a five-judge Constitution Bench after delivering differing views on the issue.
Senior advocate Gopal Sankaranarayanan, appearing for the petitioner, told CJI Surya Kant that the recall plea was prompted by an alleged conflict-of-interest concern involving Justice Sharma.
According to the application, Justice Sharma's son appears for the Election Commission of India before the Madhya Pradesh High Court. The petitioner has argued that this connection should have been disclosed while the case was being heard.
The plea claims that the bench heard the matter on several occasions and that the alleged connection became known through media reports after the September 23 order was delivered.
On September 23, Justices Datta and Sharma differed over whether the challenge to the 2023 law required consideration by a Constitution Bench.
Justice Datta was of the view that the challenge could be examined on the basis of principles already established by previous judgments. Justice Sharma, however, held that the case involved substantial constitutional questions that warranted consideration by at least five judges under Article 145(3) of the Constitution.
The matter was subsequently placed before the CJI for constituting a Constitution Bench.
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The latest application seeks recall of Justice Sharma's order and the common order referring the case to a larger bench. It does not challenge Justice Datta's separate opinion.
