In his writ petition filed yesterday, Thomas has sought the court's direction on the appeal filed by him on March 16 and urged President Pratibha Patil to wait for the decision before the new CVC is appointed.
"The main ground is that the decision was delivered by a three-judge bench. We are supporting the mandate of the Constitution that it should have been by a five-judge bench," his counsel Wills Matthews said.
The Supreme Court had on March 3 quashed the appointment of Thomas as CVC, as a charge sheet was pending against him in a corruption case. Thomas was appointed as CVC in September 2010.
"The warrant of appointment of Thomas was cancelled only on the basis of the said judgement. When the legality and the validity of the judgement in itself is disputed. It is our humble view that only after reaching conclusion on the legality and validity of the judgement, the respondent should go ahead with the appointment of new CVC," he said.
The counsel for Thomas cited Article 145 (3) of the Constitution saying those issues connected with the interpretation of the Constitution have to be decided by a minimum five judges bench.
"The President of India has also acted on the basis of the said judgement. That is why we sent our reference to her," Matthews said.
Meanwhile, officials here said that newly-selected Central Vigilance Commissioner Pradeep Kumar will be sworn in tomorrow at Rashtrapati Bhavan.
He was chosen CVC by a three-member committee comprising Prime Minister Manmohan Singh, Home Minister P Chidambaram and Opposition leader Sushma Swaraj earlier this month.
Kumar is a Haryana cadre IAS officer of the 1972 batch, and was Defence Secretary before being selected as CVC.