STATE OF M.P. Vs. A.A. ENTERPRISES

JUDGEMENT

(1.) THE petitioner State of Madhya Pradesh in both these petitions seeks leave to appeal under Article 136 of the Constitution against the common judgment and order dated 8.5.1992 of the High Court of Madhya Pradesh in Miscellaneous Petition Nos. 481 of 1992 and 533 of 1992 under article 226 of the Constitution. The High Court has allowed both these writ petitions. 2. The material facts are these. In Miscellaneous Petition No. 3909 of 1987 filed in public interest by Kailash Joshi, then leader of the Opposition in Madhya Pradesh Vidhan Sahha and now a Cabinet Minister in Madhya Pradesh, relating to the affairs of the Churhat Children's Welfare Society and the lottery conducted by it. The M.P. High Court by its judgment dated 20.1.1989 issued a direction for setting up an independent high power agency to hold an inquiry into the affairs of the said Society of which respondent No.1 Ajay Singh was one of the office bearers. In compliance of that direction, the State Government passed a resolution on 24.2.1989 and also issued notification of the same date having the effect of setting up a Commission of Inquiry consisting of Justice S.T. Ramalingam, a Judge of the Madras High Court to investigate into the affairs of the said society and the lottery conducted by it. The resolution and the notification arc as under: -

(2.) THE Headquarters of the Agency shall be at Jabalpur, Madhya Pradesh.

(3.) THE terms of reference for inquiry by the aforesaid Agency shall he as under: - -