Chief Justice of India Surya Kant on Wednesday agreed to examine the interlocutory appeal seeking recall of the September 23 verdict of the apex court on pleas challenging the CEC Act 2023.
Senior advocate Gopal Sankaranarayanan, who mentioned the application before the bench comprising the CJI and Justices Joymalya Bagchi and B Mahana, said the matter concerned recalling the verdict delivered by a bench comprising Justices Dipankar Datta and S C Sharma on the pleas challenging the Chief Election Commissioners and Election Commissioners Appointment, Conditions of Service and Term of Office Act, 2023.
The CJI said, “We will examine and then take a call.”
The bench was further informed that another party had filed a curative petition against the split verdict. Responding to the information, the CJI said that he had read about it.
“But curative is to be preceded by a review,” said Sankaranarayanan, adding that his matter was an interlocutory application.
Earlier, on September 23, a bench comprising Justice Dipankar Datta and Justice S C Sharma delivered a split verdict on the contention to refer the petition challenging the ECI Act 2023 to a larger bench, rejecting the government’s request for reference.
Justice Datta delivered an opinion on the challenge to the 2023 Act. He said that the reference was unnecessary, but Justice Sharma opined otherwise. The matter was then referred to a five-judge bench and placed before the CJI.