India Supreme Court Examines Recall Plea Over Judge Non-Disclosure

Chief Justice of India Surya Kant agreed on October 7, 2026, to examine an application seeking the recall of a September 23 split verdict regarding the Chief Election Commissioner and Other Election Commissioners Act, 2023. The application, filed by Naman Sherstra, alleges that Justice Satish Chandra Sharma failed to disclose that his son, Siddharth Sharma, serves as standing counsel for the Election Commission of India before the Madhya Pradesh High Court.

The original split verdict involved Justice Dipankar Datta, who declined to refer the case to a Constitution Bench, and Justice Sharma, who supported the reference. The 2023 law is under challenge for replacing the Chief Justice of India with a Union Minister in the selection panel for election commissioners, a move Justice Datta noted could grant the Executive veto power over appointments.

Sherstra argues that while he is not imputing bias or bad faith, the non-disclosure during five hearings deprived the parties of the opportunity to seek Justice Sharma's recusal. The application specifically seeks the recall of Justice Sharma's opinion and the common order referring the case to a five-judge bench, but does not target Justice Datta's opinion. A separate curative petition alleging bias has also been filed by Jaya Thakur.