CJI Agrees to Consider Recall Plea in CEC Appointments Case After Conflict of Interest Allegations

Chief Justice of India D.Y. Chandrachud on Monday agreed to take a call on a plea seeking recall of the Supreme Court's September 23 split verdict in the case challenging the constitutional validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The plea was mentioned before a bench headed by the CJI, which said it would consider listing it for hearing. The development comes after media reports alleged that Justice Pankaj Mithal, who was part of the bench that delivered the split verdict, had a son who served as a standing counsel for the Election Commission of India, prompting questions of a possible conflict of interest.

The September 23 verdict saw a division bench of the Supreme Court uphold the validity of the 2023 law, which governs the appointment of the Chief Election Commissioner and other Election Commissioners. While one judge upheld the law, the other delivered a dissenting opinion, leading to a split verdict. The petitioner, who challenged the law, has now sought a recall of the verdict, arguing that the alleged conflict of interest tainted the proceedings. The Supreme Court has not yet issued formal notice on the recall plea, but the CJI's agreement to consider it signals the matter may be taken up soon.

The case is significant as it touches upon the independence of the Election Commission of India, a key institution in the world's largest democracy. If the recall plea is entertained, it could lead to a fresh hearing and potentially overturn the earlier verdict. The development also raises broader questions about judicial transparency and the need for judges to disclose potential conflicts of interest. The Supreme Court's decision on whether to recall the verdict will be closely watched by legal experts, political parties, and civil society groups. The next steps will depend on the CJI's decision on listing the plea for a formal hearing.