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2014 Supreme(SC) 390

ANIL R.DAVE, A.K.SIKRI
Satya Pal Anand – Appellant
Versus
State of M. P. – Respondent


JUDGMENT

A.K.SIKRI,J. –

1. The petitioner herein had filed Writ Petition under Article 226 of the Constitution in the High Court of Madhya Pradesh, Principal Seat at Jabalpur, in the nature of Public Interest Litigation. In that petition, the petitioner has challenged the validity of Section 3 of the M.P. State Co-operative Societies Act, 1960 (hereinafter referred to as the Act) to the extent this provision permits the State Government to appoint the Registrar of the Co-operative Society, as well as Additional Registrar, Joint Registrar, Deputy Registrar, Assistant Registrar etc. The petitioner also challenged proviso added to Section 77 (3)(b) and Section 77 (6) of the Act as unconstitutional. To put it succinctly, the grievance of the petitioner was that these provisions provide for appointment of persons not having any education in law, though discharging the judicial function, which was impermissible and ex-facie violative of Art. 14 and 21 of the Constitution. The petitioner had even given suggestion to the effect that the appointments of these presiding officers be made in manner presiding officers of the labour courts are appointed.

High Court dismissed the petition.

2. The W






































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