JUDGMENT

R.C. LAHOTI, CJI.

In Sardar Syedna Taher Saifuddin Saheb v. State of Bombay 1962 Suppl.(2) SCR 496, a five-Judge Bench of this Court ruled by a majority of 4 : 1 that the Bombay Prevention of Ex-communication Act (Act No. 42 of 1949) was ultra vires the Constitution as it violated Article 26 (b) of the Constitution and was not saved by Article 25(2). On 26.2.1986 the present petition has been filed seeking re-consideration, and over-ruling, of the decision of this Court in Sardar Syedna Taher Saifuddin Sahebs case (supra) and then issuing a writ of mandamus directing the State of Maharashtra to give effect to the provisions of the Bombay Prevention of Ex-communication Act, 1949.

2. The matter came up for hearing before a two-Judge Bench of this Court which on 25.8.1986 directed `rule nisi to be issued. On 18.3.1994 a two-Judge Bench directed the matter to be listed before a seven-Judge Bench for hearing. On 20.7.1994 the matter did come up before a seven-Judge Bench which adjourned the hearing awaiting the decision in W.P.No. 317 of 1993. On 26.7.2004 IA No. 4 has been filed on behalf of respondent No. 2 seeking a direction that the matter be listed before a Division Bench of