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Showing contexts for: Motion Re in Sanjeev Kumar Verma vs The Director on 3 July, 2013Matching Fragments
36. In our considered opinion, the view taken by the Full Bench with regard to the issue that the members of the House of the People and the Legislative Assembly of State, who have been nominated as members of the Committee under clause (ii) of Section 9(3) of the Act, shall be deemed to be 'elected members' of the Committee for the purpose of participating in the special meeting convened under Section 21(3) of the Act for consideration of no confidence motion against the President and Vice- president, requires re-consideration by a larger Bench because the effect of Sections 13-B and 18(1) of the Act was not considered by the Full Bench as the same were not brought to its notice. We are conscious that normally the decision of the larger Bench could not be questioned by a smaller Bench as it violates the golden principles of judicial discipline, restraint and respect of the judgment of the larger Bench or Benches, but while delivering the judgment, some times the provisions of law are not brought to the attention of the Bench and the decision was given in ignorance or absence of such provisions, as such, the correctness of the larger Bench can be doubted and a request for considering the matter by a larger Bench can be made.