Recusal Plea in the Election Commissioners Case: Disclosure, Bias and the Limits of Judicial Self-Regulation

On 7 October 2026, Chief Justice of India Surya Kant said the Supreme Court would “examine and then take a call” on listing an application, mentioned by senior advocate Gopal Sankaranarayanan and filed by Naman Sherstra, seeking recall of Justice Satish Chandra Sharma's opinion in the 23 September split verdict on referring the challenge to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 to a Constitution Bench. The ground: Justice Sharma's son, Siddharth Sharma, has been standing counsel for the Election Commission of India (ECI) before the Madhya Pradesh High Court since 10 July 2024, a fact not disclosed in any of the five hearings. The plea invokes the test of “reasonable apprehension” of bias, stressing that proof of actual bias is not necessary.