Chief Justice of India Surya Kant has said the Court will examine an application seeking recall of the split verdict on the CEC appointment law, which alleges an apprehension of bias against one of the two judges.
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New Delhi: The Supreme Court will examine an interlocutory application seeking recall of the September 23 split verdict on challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, with Chief Justice of India Surya Kant saying the Court will “examine and then take a call” [Challenge to the CEC and EC Appointment Act, 2023].
Senior Advocate Gopal Sankaranarayanan mentioned the application, clarifying that it is an interlocutory application and not a curative petition. The CJI acknowledged that a separate curative petition by another party is also before the Court.
The split verdict
The September 23 verdict was delivered by a two-judge Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma. Justice Datta opposed referring the challenge to a larger Bench, while Justice Sharma favoured a reference. The matter was ultimately sent to a Constitution Bench.
The ground for recall
The application alleges a reasonable apprehension of bias, stating that Justice Sharma‘s son is associated with the Election Commission of India as its standing counsel in the Madhya Pradesh High Court. This is the applicant’s contention. The Court has not recorded any finding on it, and no view on its merits is expressed here.
Why the development matters
The 2023 Act governs how Election Commissioners are selected and the challenge to it goes to the composition of a constitutional body. Questions about the recusal of a judge go to the perception of impartiality, which the Court has long treated as important as impartiality itself. The Chief Justice’s statement means the application will be considered administratively before any listing is decided.
Matter: Challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
Before: Chief Justice of India Surya Kant, Supreme Court of India
Date: October 7, 2026
Appearances: Senior Advocate Gopal Sankaranarayanan for the applicant