NEW DELHI: The Supreme Court on Wednesday agreed to examine a plea seeking recall of its September 23 split verdict on whether challenges to the 2023 law governing the appointment of the chief election commissioner (CEC) and election commissioners (ECs) should be heard by a five-judge Bench.Senior advocate Gopal Sankaranarayanan, appearing for the petitioners, mentioned the plea before Chief Justice of India Surya Kant and sought its listing. “We will examine and take a call,” the CJI said.The split verdict was delivered by Justices Dipankar Datta and Satish Chandra Sharma. Justice Datta held that a two-judge Bench could hear the challenge and opposed referring it to a larger Bench, while Justice Sharma favoured a five-judge Bench.
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With the two judges differing on the issue, the matter was referred to the CJI for constitution of an appropriate Bench.The top court’s agreement came a day after massive protest by Rahul Gandhi-led opposition demanding CEC Gyanesh Kumar’s resignation over poll body’s special intensive revision exercise.
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