S.P.Bharucha, CJI. (1) THE order of reference was made on 13th September 1985. It was made by a Bench of two learned Judges, a Bench of seven Judges for re-consideration of the decision of a Constitution Bench in the case of Election Commission of India vs. Saka Venkata Subba Rao, 1953 SCR 1144 , because it appeared to the two learned Judges to be "slightly at variance with our view and is too broadly stated." (2) A Constitution Bench of this Court has already taken the view that a Bench of two learned Judges is bound by a Constitution Bench judgment and that a reference for re-consideration of a Constitution Bench judgment is not proper. [See Pradip Chandra Parija and Ors. v. Pramod Chandra Patnaik & Ors., VIII (2001) SLT 282 = 2002 (1) SCC I]. In this case, the reference is by two learned Judges to a Bench of seven Judges or re-consider a Constitution Bench judgment. This, in our view, is not proper. The reference, therefore, is declined. The civil appeals shall be placed before a Bench of two learned Judges to be decided in accordance with law.