MADHAV KARMARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN unfortunate and painful situation has arisen with regard to the administration of justice in the State of Maharashtra regarding Co-operative Courts and appointments of Judges of Co-operative Courts and Co-operative Appellate Courts. In Petitions filed before this Court, it is pointed out that there is total mal-functioning in the Co-operative Courts and the State Government keeps the entire control over appointing Judges to the Co-operative Courts or Co-operative Appellate Courts by making ad-hoc appointments without confirming them for years together and exploits the situation.

(2.) MR .Anturkar, learned counsel appearing on behalf of the Petitioner, rightly pointed out that, by such appointment, a constant hanging sword is kept on the appointee and he is prevented from acting as Judicial Officer and is compelled to act as per the dictates of the employer. The learned Counsel pointed out that Judges were making representations to the Minister as if various Courts are police stations to get some advantage with some ulterior motives. It appears that the entire purpose of having independent judicial service envisaged by framers of the Constitution is frustrated by back-door means. Despite the directions issued by this Court, in the case of Maharashtra Co-operative Courts' Bar Association Bombay, & Ors. v. State of Maharashtra & Ors. (1990 Mh.L.J. 1064), decided on 24th July, 1990, nothing has been done for years. The Court, in the said case, has held that a Co-operative Court constituted under the Maharashtra Co-operative Societies Act, 1960 is a Court of law and discharging judicial functions and that the Judges of the Co-operative Court form cadre of subordinate Courts as understood under Article 234 of the Constitution of India. The court also directed the State Government to take steps to appoint Judges in accordance with the mandate contained in Article 234 of the Constitution of India and to frame rules in respect of appointment to the post of Judges of the Co-operative Court and also in regard to appointment to the post of Judges of the Co-operative Appellate Court.

(3.) FURTHER , one Mr.B.G.More, Judge, Co-operative Court No.1, Pune, is on extension. In affidavit dated 19th November, 1997, Mr.C.K. Sankhe, Section Officer, Co-operative and Textiles Department, admits that Mr.B.G. More, prior to his attaining the age of 60 years, has sent an application dated 9th April 1997 for extension and the said application was forwarded to the Government by the President of the Co-operative Appellate Court. As the matter was under consideration, the Government, through Co-operative and Textile Department, had orally instructed the President, Co-operative Appellate Court, to permit Mr.B.G.More to work as a Judge of the Co-operative Court till further orders. The tenure of Mr.B.G.More was extended with retrospective effect from 1st June 1997 to 31st May 1998 by a Notification dated 13th August 1997. It is also pointed out that the 2 Judges of the Co-operative Appellate Court and 4 Judges of Cooperative Court have attained age of superannuation. However, they are continued on ad hoc basis by granting extension every six months. All this is done without consulting the High Court or MPSC. Further the learned counsel for the Petitioner pointed out that Mr.B.G.More approached the Maharashtra Administrative Tribunal by way of Original Application No.595 of 1996 with a prayer that he apprehended transfer from Court No.2 to Court No.1 and that such order be stayed. In the said application he has stated that he reached the age of superannuation in the month of May 1995 and he has been given extensions from time to time. He completed 60 years when he was working at Kolhapur and was transferred to Pune in the month of June 1996. Mr.B.G.More has made allegations against Smt.J.A.Jadhav, Judge, Co-operative Court No.2, and has stated that being a senior Judge he must preside over Court No.2 as the work of that Court is of greater responsibility. In the said application he has made a grievance that the said Mrs.J.A.Jadhav is exercising political influence to get herself transferred as Judge of Co-operative Court No.2 at Pune. He has started in the said application that on 3rd July 1996, one Mr.Soni from Minister of Co-operation has informed him that Smt.Jadhav has been exerting political pressure for her transfer as Judge of Co-operative Court No.2 at Pune.