Curative plea challenges SC's split verdict on poll panel appointment law

New Delhi: A curative petition has been filed in the apex court, challenging the September 23 split verdict on pleas against the law governing the appointment of chief election commissioner and election commissioners.

The petition filed by Jaya Thakur and others seeks reconsideration of the judgement delivered by justices Dipankar Datta and Satish Chandra Sharma, which resulted in a disagreement over whether the challenge to the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, required reference to a Constitution bench.

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The petitioners have contended that the verdict warrants reconsideration as the challenge raises fundamental questions concerning the independence of ECI under Article 324 of the Constitution. A principal ground in the plea is that justice Sharma's son is standing counsel for ECI before the Madhya Pradesh High Court. The petition contends that the professional relationship between the judge's son and the very constitutional authority whose appointment mechanism was under challenge created a reasonable apprehension of conflict and ought to have been disclosed to the parties. The plea contends that the circumstances warranted justice Sharma recusing himself from the proceedings.