Judgment

MOHAN, J.- Leave granted.

2. The appellant is the Chief Minister of Haryana. The first respondent filed a writ petition CWP No. 1898 of 1992 challenging the assessment order passed by the Deputy Excise and Taxation Commissioner-cum -assessing authority, Hissar, Haryana confirming a demand for sales tax of Rs 2,04,13,895. Similar writ petitions have been filed against separate assessment orders by the first respondent for a total amount of payment aggregating to a liability of Rs 20 crores. In these writ petitions allegations of personal mala fide have been levelled against the appellant.

3. The writ petition came up for preliminary hearing on 7-2-1992 before a Division Bench consisting of S.S. Sodhi and K.C. Garg, JJ. The writ petition was admitted and ex parte ad interim stay was granted. After notice, when the matter came up for hearing before a Bench consisting of S.S. Sodhi and R.S. Mongia, JJ., it was directed to be listed for final hearing on 3-8-1992. The then Chief Justice Mr Rama Jois proceeded on leave on 1-8-1992. Thereupon, S.S. Sodhi, J. became the Acting Chief Justice.

4. On 3-8-1992, when the writ petition was listed before the Tax Bench comprising of A.P. Chou