IMPORTANT POINT
If the Minister recuses himself from hearing appeal u/s 152 of the MCS Act, 1960, the Chief Minister can, under rule 6-A of the Rules of Business, ask any other Minister to discharge the function.

JUDGMENT

Altamas Kabir, J.-Leave granted.

2. The facts of these appeals give rise to an interesting question of law regarding the interpretation of the Rules of Business framed by the Governor of Maharashtra in exercise of powers conferred under Article 166(2) and (3)of the Constitution of India. According to the said Rules of Business, statutory appeals filed under Section 152 of the Maharashtra Cooperative Societies Act, 1960, hereinafter referred to as "the M.C.S. Act, 1960", are to be heard by the Minister-in-charge of the concerned Department.

3. A few facts are required to be set out in order to appreciate the question which has been raised in these appeals.

4. On 30th June, 2011, the appellants filed an application before the Commissioner of Sugar, Maharashtra State, Pune, complaining about the unlawful manner in which persons had been enrolled by the respondent Karkhana, despite the fact that they did not fulfill the required criteria and were ineligible from becoming members. As the Commissioner, or his subordinates, did not take any action on the application filed by the appellants they filed a writ petition, being W.P. No.7257 of 2011, before the Bombay High Court, for a writ in the nature of Mandamus upon the authorities under the M.C.S. Act, 1960, to conduct an inquiry into the allegations made by the appellants.

5. On 27th September, 2011, the Division Bench of the Bombay High Court passed an order on the statement made by the Regional Joint Director (Sugar), Kolhapur, to the effect that an inquiry team would look into the allegations made by the appellant. The Division Bench directed that the inquiry be completed within the stipulated time and the report be submitted before it. The order of the Division Bench was challenged by the respondent Karkhana by way of S.L.P.(C)No.28880 of 2011, which was dismissed by this Court and it was also indicated that the inquiry to be conducted would be one under Section 11 of the M.C.S. Act, 1960.

6. Writ Petition No. 7257 of 2011, and the connected Writ Petition No.10133 of 2011, were disposed of on a statement made by the Government Pleader that the inquiry into the complaint by the appellants would be completed within 15th February, 2012. While disposing of the Writ Petitions, the High Court directed that the previous list of voters for election to the Managing Committee of the respondent sugar factory should be published only after the inquiry was completed. In his report dated 10th February, 2012, the Regional Joint Director (Sugar), Kolhapur, found that a total number of 6617 persons did not satisfy the required criteria to become members of the respondent sugar factory and passed an order under Section 11 read with Section 11A of the Act.

7. Immediately, thereafter, the respondent sugar factory and several of the members, who were held to be ineligible from becoming members of the factory, challenged the order passed by the Regional Joint Director (Sugar), Kolhapur, by filing appeals before the State of Maharashtra, under Section 152 of the M.C.S. Act, 1960. On 22nd February, 2012, the said appeals were listed for admission and interim orders before the Minister for Cooperation, State of Maharashtra, but in view of the allegations of bias made against him in W.P.No.1685 of 2012, the Minister recused himself from hearing the appeals and transferred the cases to the Secretary, Department of Cooperation, for hearing and disposal. The appellants appeared before the Secretary on 24.2.20121, but raised an objection to his jurisdiction to hear a substantive appeals under Section 152 of the M.C.S. Act, 1960. The order of the Joint Director (Sugar), Kolhapur was also challenged by the respondent sugar factory and some of the persons who were held to be ineligible, notwithstanding the pendency of their substantive appeals under Section 152 of the Act, challenging the very same order before the State of Maharashtra.

8. In the above-mentioned appeals assigned for hearing to the Se