New Delhi: The two Congress MPs, who challenged Rajya Sabha Chairman M Venkaiah Naidu’s decision to reject a notice of motion for removal of Chief Justice of India Dipak Misra, withdrew their petition after a five-Judge Constitution Bench refused to give them a copy of the administrative order placing their petition before a Constitution Bench.

“The petition is dismissed as withdrawn,” said the five-Judge Constitution Bench headed by Justice AK Sikri after hearing arguments from senior advocate Kapil Sibal, representing the petitioners, and Attorney General KK Venugopal.

Right from the beginning of the hearing, Sibal kept insisting that he needed to see the administrative order placing the petition directly before a five-Judge Constitution Bench. “You show me the administrative order,” Sibal repeatedly requested the Bench, which included judges number 6 to 10 in order of seniority.

The Bench kept persuading Sibal to proceed with his arguments on the merits of the case without getting into the procedural aspects, particularly about the manner of the listing of the case. But Sibal was adamant on seeing the copy of the order to place the petition before a Constitution Bench. As the Bench refused to share the administrative order, Sibal said, “Then we will withdraw the petition.”

“Dismissed as withdrawn,” said the Bench. It was listed for hearing this morning before a Constitution Bench of Justices AK Sikri, SA Bobde, NV Ramana, Arun Mishra and AK Goel, who are number 6 to 10 in seniority.