The Hindu·3 min read·medium

Petitioner challenging CEC, ECI appointments law moves curative plea in Supreme Court

T
The Hindu Bureau
Petitioner challenging CEC, ECI appointments law moves curative plea in Supreme Court
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A lead petitioner has filed a curative plea in the Supreme Court to challenge a split verdict regarding the Election Commissioners' appointment law. The petition alleges a conflict of interest involving Justice Satish Chandra Sharma, whose son serves as standing counsel for the Election Commission.

Why it matters

This case directly impacts the independence of the Election Commission of India and the transparency of the government's appointment process for top electoral officials.

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The lead petitioner who challenged the Election Commissioners’ appointment law has filed a curative petition in the Supreme Court on Tuesday (September 29, 2026) to recall the September 23 split verdict in the case, citing “reasonable apprehension of bias” while alleging that the son of one of the presiding judges, Justice Satish Chandra Sharma, serves as standing counsel for the Election Commission of India.

The judgment saw Justice Dipankar Datta, the lead judge on the Division Bench, decline a reference of the case to a five-judge Constitution Bench. Justice Sharma, on the other hand, held that the petitions ought to be heard by a Constitution Bench. Ultimately, the Bench passed an order sending the case back to the Chief Justice of India to consider forming a five-judge Bench to hear the case.

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