The judgment of the Court was delivered by

CHAPALGAONKAR, J. - This is a petition under article 226 of the Constitution of India, challenging the order passed by the President of the Maharashtra Sales Tax Tribunal, Bombay, dismissing the stay application filed by the present petitioners, holding that while an application for a reference to the High Court under section 61 of the Bombay Sales Tax Act, 1959, is pending before the Tribunal, the Tribunal has no jurisdiction to grant stay to the impugned order of assessment.

2. The petitioners have been assessed to pay a sales tax of Rs. 52,33,390 and were also directed to pay a sum of Rs. 52,11,000 as penalty. Against this order the petitioners have filed a second appeal before the Sales Tax Tribunal, which the Tribunal was pleased to dismiss. After dismissal of the second appeal, applications were moved bearing Nos. 16 to 25 in the various appeals filed by the present petitioners for making a reference under section 61 of the Bombay Sales Tax Act, 1959 and during the pendency of these applications it was submitted by the applicants-petitioners that the impugned order of assessment be stayed. These applications came to be rejec