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1997 Supreme(SC) 69

S.SAGHIR AHMAD, K.RAMASWAMY
State Of U. P. – Appellant
Versus
C. O. D. Chheoki Employees Co-operative Society LTD. – Respondent


Judgement

JUDGMENT :- Impleadment and Intervention allowed.

2. Leave granted

3. We have heard learned counsel for the parties.

4. These appeals raise an interesting question of law relating to the validity of the Act and the Rules providing reservation for or nomination of weaker sections into the Co-operative Societies registered under the U.P. co-operative Societies Act, 1965 (for short, the Act) and the U.P. Co-operative Societies Rules, 1968 (for short, the Rules), as amended from time to time.

5. The question is : whether the U.P. Legislature has power to make the law to so amend the Act and the Rules as to provide for reservation to the weaker sections? The High Court declared Section 130(2)(xii) and (xii-A) and the provisos and the explanation to sub-rule 393-A, Rule 393-B, clause (d) of sub-rule (4) and part of sub-rules (6) to (8) of Rule 440, so far as relating to reservation of seats for weaker-sections, sub-rule (3) of Rule 444-A and clause (i) of sub-rule (5) of Rule 453 as ultra vires the Constitution and accordingly quashed them. Calling in question this judgment of the High Court of Allahabad dated March 10, 1995 in CMWP Nos. 40006 and 40121 of 1994, these appeal, have c












































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