An application has been filed before the Supreme Court seeking a recall of its recent split verdict on whether petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 should be referred to a larger bench.
“We will examine and take a call,” CJI Kant said on the request to list the application for hearing. Sankaranarayanan told the Court that he had previously mentioned the application before a bench headed by Justice Dipankar Datta. Thakur has argued that there was a “reasonable apprehension of bias and propriety”, as Justice Sharma’s son, Siddharth Sharma, has been serving as standing counsel for the Election Commission of India (ECI) before the Madhya Pradesh High Court since July 2024. Earlier reporting noted: “Will Take Call”: Supreme Court On Plea To Recall Verdict On Poll Panel Appointment Law “Will Take Call”: Supreme Court On Plea To Recall Verdict On Poll Panel Appointment Law “Will Take Call”: Supreme Court On Plea To Recall Verdict On Poll Panel Appointment Law Earlier reporting noted: The Supreme Court on Wednesday agreed to examine a plea seeking recall of its recent split verdict on whether 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. Earlier reporting noted: Earlier a curative petition was filed in the Supreme Court after media reports said that the son of Justice Satish Chandra Sharma, who was part of the bench that delivered the split verdict, is the poll panel’s standing counsel before the Madhya Pradesh High Court.
Plea related to conflict of interest while hearing A separate curative petition filed by Dr Jaya Thakur is also pending before the Supreme Court.
Because they hold opposing views on a case, a split verdict occurs when an even-numbered bench of judges (such as a two-judge Division Bench) cannot reach a unanimous decision or a majority consensus.
Referral to a Larger Bench: The case is placed before the Chief Justice of India (or the Chief Justice of the respective High Court), who acts as the “master of the roster”.
