Special leave not revoked as matter was sent to a seven-Judge Bench and stay remained in force

Special leave already granted was not revoked, as the Court found no ground to recall it and considered the constitutional and procedural questions fit for consideration by a larger Bench of seven Judges. The separate prayer to vacate the stay was also rejected. The order therefore maintained the leave, kept the stay in place, and directed listing before the larger Bench.

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Issues: Whether the special leave granted earlier should be revoked and whether the prayer for vacating the stay should be accepted.

Analysis: The order records that the request to revoke the special leave already granted was considered and declined. It further records that, having regard to the constitutional and procedural questions noted in the appended note, the matter should be placed before a larger Bench of seven Judges. The prayer to vacate the stay was separately considered and rejected.

Conclusion: The special leave was not revoked, the matter was directed to be listed before a Bench of seven Judges, and the prayer for vacating the stay was rejected.

Ratio Decidendi: An application for revocation of special leave will not be allowed where the Court finds no ground to recall the leave already granted and considers the matter fit for hearing by a larger Bench.

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