Lawyers seek fresh hearing in CEC law and Noida DM matters

A lawyers’ group has asked the Supreme Court to recall a recent order involving Noida District Magistrate Medha Roopam and to rehear petitions challenging the law governing the appointment of India’s Chief Election Commissioner and election commissioners. The Lawyers Association for Constitution made the request in a public statement issued on Friday and circulated online by Supreme Court advocate Subhash Chandran K.R. It said both matters should be heard by a Bench that does not include Justice Satish Chandra Sharma.

Justice Sharma led the Division Bench that passed an interim order on September 23 in an appeal filed by Roopam, who is the daughter of Chief Election Commissioner Gyanesh Kumar. On the same day, Justice Sharma and Justice Dipankar Datta differed over whether petitions challenging the 2023 CEC and EC law should be referred to a five-judge Constitution Bench. Justice Datta favoured hearing the case on its merits, while Justice Sharma supported a reference.

Because of the split decision, the matter is pending before the Chief Justice of India for the constitution of a Constitution Bench. The disagreement has delayed a final ruling on the challenge. The lawyers’ association cited concerns reported publicly about the listing of Roopam’s case before Justice Sharma’s Bench.

It said that Bench did not hold the roster for petitions linked to habeas corpus pleas. The group also referred to reports that Justice Sharma’s son is empanelled as standing counsel for the Election Commission of India before the Madhya Pradesh High Court. It said it was not making an allegation on the merits but was concerned about how the circumstances could appear to the public.

The association urged the Supreme Court to consider a transparent disclosure and recusal protocol for cases where close relatives of judges are engaged as counsel by a party or interested institution.