STATE OF UTTAR PRADESH Vs. JAI BIR SINGH

JUDGEMENT

(1.) We have heard learned counsel for the parties at considerable length. We have also been taken through relevant passages of the decision of this Court in Bangalore Water Supply & Sewarage Board etc. Vs. A. Rajappa and Ors. etc. (1978) 2 SCC 213 and the reference order passed by a Five-Judges Bench of this Court pursuant to which these matters have been placed before us. Having given our anxious consideration to the contentions urged at the bar and the serious and wide ranging implications of the issue that fall for determination as also the fact that serious doubts have been expressed in the reference order about the correctness of the view taken in Bangalore Water Supply's case (supra), we are of the opinion that these appeals need to be placed before a Bench comprising Nine-Judges to be constituted by the Chief Justice.

(2.) We order accordingly. The papers be now placed before the Chief Justice for constituting an appropriate Nine-Judges Bench to answer the questions raised in the reference order dated 5th May, 2005 passed by the Five-Judges Bench in State of U.P. Vs. Jai Bir Singh, 2005(3) S.C.T. 143 : (2005) 5 SCC 1 .