A fresh application has been moved before the Supreme Court seeking recall of its September 23 split verdict on the constitutional challenge to the 2023 law governing the appointment of the Chief Election Commissioner and Election Commissioners.

The application was mentioned before a Bench headed by Chief Justice of India Surya Kant by Senior Advocate Gopal Sankaranarayanan, who sought listing of the plea. The Chief Justice said the court would examine the request and take an appropriate decision.

In the September 23 decision, a two-judge Bench of Justices Dipankar Datta and Satish Chandra Sharma differed on whether the challenge should be referred to a Constitution Bench. Justice Datta rejected the reference, while Justice Sharma held that the petitions raised substantial constitutional questions.

The petitions challenge the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Under the law, the selection committee comprises the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet minister nominated by the Prime Minister.

The underlying challenge also questions the appointments of Chief Election Commissioner Gyanesh Kumar and Election Commissioner Sukhbir Singh Sandhu.