Per SINHA D.D., J.:---The Honble the Chief Justice referred Writ Petition No. 786 of 2002 (Vijay Sukhdeo Naydekar v. State of Maharahtra and three others)1, to the larger Bench in view of the Order of Reference, dated 3-2-2003, passed by the Division Bench. Similarly, Writ Petition No. 77 of 1995 (Prakash Namdeorao Kadar and others v. Union of India and others)2, as well as Writ Petition No. 262 of 1996 (Gajanan Govindrao Isal v. State of Maharashtra and others)3, are referred to this larger Bench by the Honble the Chief Justice, and Writ Petition No. 1598 of 2003 (Smt. Uma Jamunalal Joshi v. State of Maharashtra and two others)4, is also referred to us by the Honble Chief Justice in view of the Reference Order, dated 17-4-2003, passed by another Division Bench.

2. Since a common question of law is involved in the, above referred writ petitions, we have heard all the writ petitions together and disposed of the references by this common judgment.

3. Heard learned Counsel for the parties in the respective writ petitions.

4. The Division Bench, presided over by Mr. Justice Daga in Writ Petition No. 786 of 2002 Vijay Sukhdeo Naydekar v. State of Maharashtra and others, while consi