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N. Ravi & Others v. Speaker, Legislative Assembly, Chennai & Others

N. Ravi & Others
v.
Speaker, Legislative Assembly, Chennai & Others

(Supreme Court Of India)

Writ Petition (Criminal) No. 206-210 Of 2003 With W.P.(C) No. 508 Of 2003, S.L.P.(C) No. 11540 Of 2004 | 08-12-2004


SLP(C)No. 11540 of 2004

1. Service is not complete.

2. The hearing in this matter is separated.

3. List after service is complete.

WPs (Crl.) Nos. 206-10 of 2003 and WP (C) No. 508 of 2003

4. We have heard the learned counsel for the parties. Pandit M.S.M. Sharma v. Sri Krishna Sinha (AIR 1959 SC 395) is a Constitution Bench decision (five Judges). Certain observations made in Special Reference No. 1 of 1964, Re (AIR 1965 SC 745) extensively read out by Mr Harish N. Salve, the learned Senior Counsel, run in conflict with the law laid down in Pandit M.S.M. Sharma case (AIR 1959 SC 395); though in Special Reference No. 1 of 1964, Re (AIR 1965 SC 745) a seven Judge Bench expressed an opinion that they were in agreement with the majority decision in Pandit M.S.M. Sharma case (AIR 1959 SC 395). Shri Salve further submitted that the issue has very wide ramifications and is likely to arise in future and needs to be settled authoritatively.

5. Let the matter be placed for consideration by a seven Judge Bench.

Advocates List

For the Appearing Parties -----------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE CHIEF JUSTICE MR. R.C. LAHOTI

HON'BLE MR. JUSTICE B.N. AGRAWAL

HON'BLE MR. JUSTICE H.K. SEMA

HON'BLE MR. JUSTICE G.P. MATHUR

HON'BLE MR. JUSTICE P.K. BALASUBRAMANYAN

Eq Citation

2005 (1) SCC 603