CJI to decide on recalling verdict in CEC appointment case
What's the story
Chief Justice of India (CJI) Surya Kant has said he will examine an application seeking to recall a split verdict in the Chief Election Commissioner (CEC) appointment law case. The application was mentioned before him by senior advocate Gopal Sankaranarayanan. It seeks to recall the September 23 verdict delivered by a bench of Justice Dipankar Datta and Justice Satish Chandra Sharma.
Verdict referral
Split verdict on September 23
The split verdict on September 23 was about referring the challenge to the constitutional validity of the CEC Act, 2023, to a five-judge bench.
The Centre said the matter should be referred to a larger bench since it involves a Constitutional question.
Justice Datta opposed such a reference while Justice Sharma supported it.
Despite their differing opinions, both judges ordered that the case be sent to a Constitution Bench for further consideration.
Disclosure controversy
Application questions why Justice Sharma didn't disclose his son's appointment
The application is believed to have been filed on the ground that there was a reasonable apprehension of bias on the part of Justice Sharma since his son is a standing counsel for the Election Commission of India in Madhya Pradesh High Court, LiveLaw reported.
Peititioner Dr. Jaya Thakur argued that Justice Sharma should have recused himself due to a conflict of interest.
Thakur said his son Siddharth has been the standing counsel for ECI since 2024.
Legal challenge
'No doubt Lordship decided case on its own merits'
Senior Advocate Vijay Hansaria, who settled the petition, wrote that he had "no doubt that His Lordship has decided the case on its own merits."
"However, on the principle that justice must not only be done but also seem to be done, it would have been appropriate that Hon'ble Mr. Justice Satish Chandra Sharma recused himself from hearing the present set of petitions," he added.
Act
What 2023 law said
Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, the CJI was replaced by a Union Cabinet Minister on the three-member selection panel for appointing the CEC and Election Commissioners.
The other two members are the Prime Minister and the Leader of the Opposition in the Lok Sabha.
Petitioners had challenged this law, arguing that it compromises the neutrality of the Election Commission.
Judge
'Inclusion of cabinet ministers fails to provide an independent counterweight'
Justice Dipankar Datta, who rejected the government's plea for reference, had said that a minister on the selection panel nominated by the Prime Minister cannot be expected to defy his own nominator (PM).
"It is far-fetched to expect that a minister who is part of Cabinet of Ministers would adopt a stand disagreeing with leader or government. Inclusion of cabinet ministers fails to provide an independent counterweight that a neutral selector would," he said.