Petition seeks Supreme Court to overturn order after judge’s son hired by Election Commission

On September 23, a two-judge bench of Justices Dipankar Datta and Satish Chandra Sharma issued a split decision on whether the 2023 law governing the appointment of the chief election commissioner and election commissioners should be referred to a constitutional bench. Justice Datta held the matter could be decided on existing precedents, while Justice Sharma argued constitutional questions required a five-judge bench.

Petitioners, led by Naman Sherstra, have now asked the Supreme Court to withdraw that order, contending that Justice Sharma did not disclose his son’s role as standing counsel for the Election Commission of India before the Madhya Pradesh High Court, creating an appearance of bias. The plea does not challenge Justice Datta’s opinion and cites the Restatement of Values of Judicial Life to emphasize the need for transparency.

A curative petition by Congress leader Jaya Thakur previously raised the same bias issue. The applicants assert that the nondisclosure deprived them of an opportunity to request recusal before the September 23 order was issued.