Judgement

KASLIWAL, J.:—Special leave granted.

2. This appeal by the State of Madhya Pradesh is directed against the judgment of the Madhya Pradesh High Court dated 4-3-1992 in Miscellaneous Petition No. 1681 of 1990, quashing the notification dated 29-3-1990.

3. Shri Kailash Joshi the then Leader of Opposition in the Legislative Assembly of the State of Madhya Pradesh filed a Writ Petition (M. P. No. 3909 of 1987) on 18-10-1987. Appropriate directions were sought from the Court in the matter of a lottery conducted by Churhat Welfare Society and the petitioner highlighted illegalities, irregularities and misuse of powers by high officials and public men in the Government. The said Writ Petition was decided on January 20, 1989. The Government of Madhya Pradesh in pursuance to the aforesaid judgment issued a notification on 24-2-1989 appointing a commission of enquiry presided over by Shri Justice S. T. Ramalingam, Judge of the Madras High Court. The terms of reference were stated as under :-

"(1) How the affairs of the Churhat Children Welfare Society are conducted and how the share of its profit derived and the money collected through lottery has been utilised?

(2) What is the amount co