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1. A common order in being passed in this petition and Misc. Petition No. 481 of 1992 Ajay Singh s/o Shri Arjun Singh v. State of Madhya Pradesh and Ors., which is on the same subject matter.

2. This petition arises in the course of a Commission of Enquiry known as Churhat Lottery Commission. The petitioner challenges notification dated 9-1-1992 (Annexure-M), appointing Hon'ble Shri Justice Kamlakar Choubey, retired Judge of Allahabad High Court as the sole member of the commission in substitution of Hon'ble Shri Justice G. G. Sohani, retired Chief Justice of Patna High Court, who resigned from the membership of the commission. The two notifications of appointment of Justice G. G. Sohani and thereafter Hon'ble Shri Justice Kamlakar Choubey, have resulted in the ouster of Hon'ble Shri Justice S. T. Ramalingam, the then sitting Judge of Madras High Court (now retired) from membership of the Commission.

4. In compliance with the writ or directions of the High Court in the aforesaid Churhat lottery case, the State Government passed a resolution on 24-2-1989 (Annexure-A) and issued a notification of the same date (Annexure-C), setting up an enquiry to be conducted by Hon'ble Shri Justice S. T. Ramalingam, the then sitting Judge of Madras High Court, describing it "Independent High Power Agency", to investigate into the affairs of the society and the lottery conducted by it. Specific terms of reference were framed in the notification, and the time for completion of the enquiry initially fixed was six months from the date of issue of the notification. The period of completion of the enquiry was extended first by notification dated 1-8-1990 (Annexure-F) up to 22-3-1991 and thereafter by notification dated 16-8-1991 (Annexure-L), the period was extended up to 31-3-1992. By the last notification issued on 27-3-1992 (Annexure-Q), the term stands extended up to 31-3-1993.

"Bhopal, the 10th July 1991 1-691-(8-Ka). -- Whereas an independent high power agency comprising of a single member Justice Shri S. T. Ramalingam, Judge of the Madras High Court was appointed under this Department Notification No. F.1-3-89-1(1)41. C. dated 24th February, 1989:
Whereas Justice Shri S. T. Ramalingam has retired as Judge of the Madras High Court, on 30th June 1991. And Whereas for continuing in the said agency after retirement Justice Shri S. T. Ramalingam has placed certain terms and conditions which have not been found possible for the Government to accept. Now therefore in exercise of power conferred by Sub-section (3) of Section 3 of the Commissions of Enquiry Act, 1952 (No. LX of 1952), the State Government hereby appoint Justice Shri G. G. Sohani, retired Chief Justice, High Court of Patna (Bihar) as single member of the said agency in place of Justice Shri S. T. Ramalingam. Accordingly this Department Notifications Nos. F.1-3-89-1(i) E.C. Dated the 24th February 1989 (2) F.1-3-89 -(i) E.C. dated the 24th February 1989 and (3) F.1-3-89-1-E.C. dated the 24th February 1989 stand amended to this extent. By order and in the name of Governor of M.P. S.K. Misra, Secy."

42. As result of the aforesaid discussion, the petition succeeds and is hereby allowed. The notification dated 10-7-1991 (Annexure-H) and the consequent notification based thereon dated 9-1-1992 (Annexure-M) are hereby quashed. It is open to the State Government to propose to Hon'ble Shri Justice S.T. Ramalingam the terms and conditions for his continuance as a member of the Commission equivalent to, less or more favourable than those offered and fixed for Hon'ble Shri Justice Kamlakar Choubey. Thereafter depending on his reply the State Government may continue or discontinue his appointment or substitute another member in his place. It is also made clear that it would be open to Justice Ramalingam to accept the terms and conditions offered by the State Government, Madhya Pradesh or to resign from the office, by taking a decision in the behalf early, so that the work of the Commission is not unduly hampered and it is completed well within the extended period i.e. before 31st March 1993. The petitioners shall get costs of the petitions. Counsel's fee shall be Rs. 1,000/- (Rs. One thousand) each, in the two petitions, if certified. The amount of security if deposited, be refunded to the petitioners.