On Friday night, Chief Justice of India Dipak Misra decided to list the matter before the three-judge bench, headed by Justice Arjan Kumar Sikri.
The bench, which also comprises Justices Ashok Bhushan and S A Bobde, will hear the petition at 1030 hrs.
The petition claimed that Mr Bopaiah’s appointment was ‘unconstitutional’ and should be set aside.
The eight-page petition copy stated that the Apex Court should pass appropriate orders directing that the voting in the floor test has to be carried out by division by segregating the MLAs supporting and opposing the Motion in different lobbies of the House.
The petition also said that despite the settled parliamentary convention and practice for appointment of a pro- tem Speaker, a junior MLA, Bopaiah (BJP) with a dubious and controversial record of passing biased disqualification orders has been appointed as the pro-tem Speaker.
As a matter of fact, the conduct of Mr Bopaiah has been severely criticised and strictures have been passed against him by this Court, the petition claimed.