JUDGMENT - S.M. DAUD, J.:---These petitions under Article 226 of the Constitution take exception to an order passed by the then Minister of State for Agriculture and Co-operation being respondent No. 2 to the petitions - purporting to be in exercise of his powers under section 154 of the Maharashtra Co-operative Societies Act, 1960 - hereinafter referred to as the "Act".

2. Building known as 'Jaya Mahal' at French Bridge, 45, Atmaram Rangnekar Marg, Bombay 400 007, belonged to Khimji Chaturbhuj and certain others as joint owners. The building consisted of about six storeys and the ground floor was in the occupation of the first respondents to the petitions - hereinafter referred to as 'Zenith Chemicals' and Poona Automobiles' respectively. Zenith Chemicals were in occupation of five shops covered by two separate rent receipts. Poona Automobiles occupied shop No. 6 which was divided by them - one portion being sub-let to Dharmatar Automobiles. The upper storeys were in the occupation of the residential tenants and these tenants decided to band together into a housing co-operative society for the acquisition and maintenance of the building. All the occupants, Zenith Chemicals and Poona Automobiles included attended meetings of the proposed society and minutes of the meetings were recorded. Minutes of 3-6-1978 show that Zenith Chemicals and Poona Automobiles were represented by their concerned representatives on that day. The recitals relating to Zenith Chemicals and Poona Automobiles read as follows:---

"New members were requested to enrol themselves in the Society as the member and submit their consent letter duly completed, along with their contribution.

Mr. Kantilal Shanghani of M/s. Poona Automobiles ...and Mr. Rambhai G. Patel of M/s. Zenith Chemical Works (P) Ltd. have consented orally to become members of the Society."

Minutes of 17-6-1978 show that representatives of Zenith Chemicals and Poona Automobiles were again present and in fact both of them would be attending the Federation Office for adopting proceedings for registration. An application for registration of the proposed society was given on 14-8-1978 and the said application does not contain the names of the authorised representatives of Zenith Chemicals as also Poona Automobiles. In due course, excluding the two concerns and some tenants of the building, the rest succeeded in obtaining registration of a housing co-operative society and the said society in due course purchased the property from the erstwhile owners. The Chief Promoter on January 29, 1979 addressed a communication to Zenith Chemicals as also Poona Automobiles. This communication, to the extent relevant, recited ---

"Your are aware that our society has been registered and we have pleasure to invite you to join as one of the members on the basis of 150 rents (150 month's rent ?), as contributed by other members. As Zenith Chemicals Work is a tenant since long time the bifurcation in your name and in the name of your another relation will be done at a later stage, as per decision arrived at the full fledged possession of the building by the society.

This method is also to be adopted in case of two landlords and other members who wanted to do bifurcation of their flats.

Hope you will please send your consent letter along with the contribution at an early date."

The letter evoked no written response from Zenith Chemicals and Poona Automobiles until the last week of July 1979. The reply came on the heels of Poona Automobiles being served with a quit notice intimating their liability to be ejected pursuant to their failure to pay six months rent, apart from certain other defaults attracting ejectment under the Rent Act. Zenith Chemicals on 26-7-1979 wrote to the Chairman of the newly formed society i.e. petitioner, as under:---

"With reference to your letter dated 29-1-1979 and our subsequent talks from time to time which we had with you, we are enclosing here-with our cheque of Rs. 30,625.50 (Rupees Thirty thous

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