( 1 ) THIS matter has been referred to the Special Division Bench under Rule 1 (ii) of Chapter II of the Appellate Side Rules of this Court by Sabyasachi Mukharji and M. M. Dutt, JJ. The principal contention before the Division Bench centred round the applicability of Section 58 read with Section 38 of the Constitution 42nd Amendment Act, 1976 to pending appeals. The Act received the assent of the President on December 18. 1976.

( 2 ) BY reason of the provisions of Section 1 (2) of the Act, Sections 38 and 58 came into force on February 1, 1977. Section 58 contains special provisions as to pending petitions under Article 226 of the Constitution. It provides as follows:"58 (i) Notwithstanding anything contained in the Constitution, every petition under Article 226 of the Constitution before the appointed day and pending before any High Court immediately before that day (such petition being referred to in this section as a pending petition) and any interim order (whether by way of any injunction or stay or any other manner) made on, or in any proceedings relating to, such petition before that day shall be dealt with in accordance with the provisions of Ar