IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 4 OF 2008 MR. DILKUSH FOTU DESSAI ... Petitioner Versus THE GOA LEGISLATIVES FORUM THROUGH SECRETARY AND ANR., ... Respondents Mr. A.F.Diniz, advocate with Mr.S. R. Vernekar, advocate for the petitioner. Coram:- D. B. BHOSALE & N. A. BRITTO, JJ. Date:- 28th January, 2008 P.C.: 1. Heard learned counsel for the petitioner. 2. The petitioner has invoked writ jurisdiction under Article 226 of the Constitution of India seeking writ of certiorari against the order dated 18.12.2007 by which "Goa Legislators Forum" has put a ban on the petitioner from attending 3 consecutive annual general body meetings and all other events and functions of the Forum held within the Assembly Complex for 3 consecutive years since the petitioner has allegedly perceived as a threat to orderly and civilized conduct of events and activities of the Forum besides being a security threat to the safety of the dignitaries. The allegations against the petitioner is that during the occasion of the last Legislators' Day Programme held on 9.1.2007 within the Assembly Complex the petitioner allegedly assaulted the then Chief Minister and threw gobar waste on his body. The Managing Committee of the Forum in its meeting held on 15.10.2007 took a serious note of the sudden physical assault and took the impugned action against the petitioner. 3. Respondent no.1 is a Forum of Legislators registered under the Society's Registration Act, 1860. It appears that the society has been de-registered in view of the fact that it had not renewed its registration certificate and that fact has not been disputed by the respondents. In view thereof to our query made to the learned counsel for the petitioner as to how writ petition under Article 226 of the Constitution is maintainable against such forum, he vehemently submitted that all the members of the forum are MLAs either sitting or former, the Speaker of the Goa Legislative Assembly is Ex-officio President, and the Opposition Leader of Goa Legislative Assembly and the Minister for Legislative Affairs in Goa Government are the members of the Forum. He submitted that the formation of the Forum and its objectives clearly indicate that it is "other authority" within the meaning of Article 12 of the Constitution of India. We are unable to concede to the submissions advanced by learned counsel for the petitioner. We do not find from the record that the management of the society vest with the Government. It is well settled that essential tests to determine whether a particular institution is "other authority" within the meaning of Article 12 are substantial financial aid, control by the Government, performance of public functions and entrustment of Governmental activities. None of these tests, in our opinion, stand satisfied in this case so as to hold the Forum as "other authority" within the meaning of Article 12 of the Constitution. On this ground alone we are not inclined to entertain this writ petition. 4. The judgments of the Supreme Court in U.P.State Co-operative Land Development Bank Ltd. Vs. Chandra Bhan Dubey and Others AIR 1999 Supreme Court 753 and judgment in Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology and Others (2002) 5 Supreme Court Cases 111, in our opinion, would not apply to the facts of the present case and the reliance placed thereon is, therefore, of no avail to the petitioner. The writ petition is, accordingly, dismissed. However, this shall not preclude the petitioner from adopting the other remedy, if any, available in law challenging the impugned action of the forum. D. B. BHOSALE, J. N. A. BRITTO, J. hcs