On Wednesday, the Supreme Court agreed to re‑examine a plea that seeks to undo its September 23 split decision on whether challenges to a 2023 law that removes the Chief Justice of India from the election panel should be sent to a larger Constitution bench.
The split verdict came from a two‑judge bench of Justices Dipankar Datta and Satish Chandra Sharma. Datta refused the Centre's request for a larger bench, while Sharma favored a referral, leaving the matter unresolved.
The recall application was presented before a bench of Chief Justice N. R. Narayana Murthy, Justice Joymalya Bagchi and Justice V. Mohana by senior advocate Gopal Sankaranarayanan. The petition alleges that Justice Sharma’s son, who serves as a lawyer for the Election Commission, was not disclosed during the five hearings, creating a reasonable apprehension of bias.
Chief Justice Murthy said he would examine the plea and take a decision. He also noted that a curative petition has been filed by another party, and the court is expected to decide whether to refer the case to a larger bench in the days ahead.