- (1.)The order of reference was made on 13th September 1985. It was made by a Bench of two learned Judges, a Bench of seven Judges for reconsideration of the decision of a Constitution Bench in the case of Election Commission of India vs. Saka venkata Subba Rao, 1953 SCR 1144, because it appeared to the two learned Judges to be "slightly at variance with our view and is too broadly stated. "
(2.)A Constitution Bench of this Court has already taken the view that a Bench of two learned Judges is bound by a Constitution Bench judgment and that a reference for re-consideration of a Constitution Bench judgment is not proper. [see Pradip Chandra parija and Ors. v. Pramod Chandra Patnaik and Ors. , VIII (2001) SLT 282 = 2002 (1) scc I]. In this case, the reference is by two learned Judges to a Bench of seven Judges or re-consider a Constitution Bench judgment. This, in our view, is not proper. The reference, therefore, is declined. The civil appeals shall be placed before a Bench of two learned Judges to be decided in accordance with law.