Supreme Court to Examine Recall Application in Election Commissioner Appointment Case

Chief Justice Surya Kant said he would examine an application seeking recall of the Supreme Court’s split decision on reference of challenges to the Election Commissioner appointment law.

Background

The September 23 judgment divided two judges on whether the constitutional challenge should go to a larger Bench.

Legal issue

The applicant contends that the earlier process requires reconsideration. These are submissions, not a finding of procedural defect.

Court’s approach

The Chief Justice was approached by a mention before the Court and said the application would be considered.

What follows

No recall or fresh Constitution Bench reference was ordered merely by the mentioning. The legal position remains subject to further judicial orders.