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The instant matter could have been proceeded conveniently that the decision in Ratan Singh's case has no binding force having expressly overruled in a three Judge Bench decision in Shyam Sundar Sharma's case but this Court noticed that the three Judge Bench decision in case of Chandi Prasad & Ors. (Supra) which was decided in contemporaneous time, to be precisely a little earlier than the Shyam Sundar Sharma's case was not noticed.

The reason for stating the aforesaid fact is that if the Co-ordinate Bench did not notice the earlier Co-ordinate Bench decision, the later decision cannot be held to be a good law. It has been held in a five Judge Bench decision in case of Central Board of Dawoodi Bohra Community & Anr. -Vs- State of Maharashtra & Anr. reported in (2005) 2 SCC 673 that the judicial comity or the discipline requires the respect and adherence to a Co-ordinate Bench decision. In the event the later Co-ordinate Bench takes dissenting view, it should refer the matter to the Hon'ble Chief Justice to constitute a Larger Quorum Bench instead of taking a contrary view in these words -