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2009 Supreme(Bom) 1399

SWATANTER KUMAR, A.M.KHANWILKAR
Eknath Bayaji Gadkari, Chairman, Textiles Committee – Appellant
Versus
Union of India, Through its Secretary to the Ministry of Textile – Respondent


Advocates appeared:
For the Petitioner:G.S. Godbole i/by S.S. Redekar, Advocates.
For the Respondents:R1, R.V. Desai, Senior Advocate with A.M. Sethna, P.K. Khosla, R2 to R4, A.J. Rana, Senior Advocate with L.S. Shetty i/by & M/s. L.S. Shetty & Associates, Advocates.

Judgment :-

Swatanter Kumar, C.J.


Heard. Rule. Rule made returnable forthwith. By consent of the parties taken up for hearing and final disposal.


2. The petitioner, who is the Chairman of the Textile Committee constituted by the Ministry of Textile, Udyog Bhavan, New Delhi under the provisions of the Textile Committee Act, 1963 (hereinafter referred to as "the Act"), has approached this court under Article 226 of the Constitution of India praying that Item No. 4A and the action on part of the respondents including it in the agenda of the 100th Meeting of the Textile Committee be struck down and para 50 of the decision taken on Item 20 in its 94th meeting and Item 1 of 95th meeting held on 16th February, 2006 and 27th April, 2007 respectively, being arbitrary, unconstitutional, ultravires and contrary to the provisions of the Act and the Rules framed thereunder be quashed and set aside. The petitioner has also prayed that the Office Order dated 24th March, 2009 issued by the respondents be set aside, and respondent No.2 be directed to withdraw the resolution dated 16th March, 2009.


3. The relevant facts are that the petitioner, who is chairman of the respondent No.2 committee, has



















































































































































































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