Son of judge, who heard ECI case, is ECI lawyer
What's the story
Serious questions of propriety have been raised after it was found that the son of Supreme Court judge Justice Satish Chandra Sharma is the standing counsel for the Election Commission of India (ECI) in Madhya Pradesh High Court, LiveLaw reported. The revelation is critical, as Justice Sharma was part of a two-judge bench that heard petitions challenging the 2023 law on appointment processes for Chief Election Commissioners and Election Commissioners just a day ago.
Legal proceedings
Justice Sharma delays crucial CEC-EC appointment process hearing
On September 23, Justice Sharma had opined that the matter should be referred to a Constitution Bench.
His opinion, according to LiveLaw, seemed to endorse the current selection process for Chief Election Commissioners and Election Commissioners and that it suggests that the "Selection Committee cannot be held to be biased merely because it is executive-heavy."
The Act controversially replaces the Chief Justice of India with a Cabinet Minister, nominated by the Prime Minister, in the selection panel for appointing ECs.
Judge
'Inclusion of cabinet ministers fails to provide an independent counterweight'
The other judge, Justice Dipankar Datta, had rejected the government's plea for reference.
He said that a minister on the selection panel cannot be expected to defy his own nominator (PM) since the collective responsibility doctrine prevents him from defying the PM.
"It is far-fetched to expect that a minister....would adopt a stand disagreeing with leader or government. Inclusion of cabinet ministers fails to provide an independent counterweight that a neutral selector would," Justice Datta said.
Related case
Justice Sharma also heard CEC's daughter's case
On the same day, another bench headed by Justice Sharma heard a petition by Noida District Magistrate Medha Roopam.
She had challenged an Allahabad High Court order that criticized her detention of a student under the National Security Act during an April labor protest.
The High Court had ordered ₹5 lakh compensation to be recovered from Roopam's salary.
Justice Sharma's bench granted interim relief to Roopam by staying the Allahabad High Court's strictures and recovery order.
Propriety questions
Roopam is daughter of Chief Election Commissioner
The situation becomes even more complicated as Roopam is the daughter of Chief Election Commissioner Gyanesh Kumar, who is at the center of a row amid an exposé by the Indian Express on the SIR process.
The listing of her case before Justice Sharma's bench had already raised eyebrows since Sharma's bench did not have the regular roster for hearing the matter.
Another bench, led by Justice Nagarathna, was already hearing the connected matters.
Professional association
Details of Justice Sharma's son
Now, with the revelation that his son is professionally associated with ECI, propriety concerns have only intensified.
The Madhya Pradesh High Court's website lists Justice Sharma's son, who enrolled in 2017, as the standing counsel for ECI. He is also the standing counsel for the Central Board of Direct Taxes and Income Tax Department.
His younger son, who enrolled in 2020, is also a standing counsel for the MP Public Service Commission.