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Judgment
Special Leave granted. This is a matter of importance and we are of the opinion that the matter should be heard by a Constitution Bench. We report accordingly. We are also satisfied that this is an urgent matter, therefore parties will be at liberty to ask for a Constitution Bench as early as possible and mention before the learned Chief Justice of India. Let this matter appear on the 14th July, 1987 before the Chief Justice of India for such directions as learned Chief Justice may Consider fit and necessary.
So far as the interim order prayed in this application is concerned, the only aspect is the order of the Speaker dated 1st May, 1987 notified on the 4th May, 1987 in the official Gazette. We are not passing any order restraining the operation of the said order of the Speaker of that date except to the extent that Member of Punjab Assembly, who have been disqualified, if any Presidential Poll takes place before hearing of this matter, will be entitled to participate in the Presidential Poll and cast their votes and will exercise their rights of the Members, as if they have not been disqualified as Members of the Punjab Assembly. Save to the above, no other part of the order of the High Court is stayed. If the Petitioners so exercise their rights of voting pursuant to the above, then their votes may be separately marked and after counting kept separately until final disposal of the matter and appropriate directions be taken at the time of hearing of this matter. No other interim order. If the Government files a Special Leave Petition, the same should come up for hearing with the above matter.