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1975 Supreme(Pat) 105

K.B.N.SINGH, S.SARWAR ALI
Mathura Prasad – Appellant
Versus
State Of Bihar – Respondent


Judgment

K.B.N.SINGH, J.

1. In this batch of 28 writ applications the vires of the Bihar Co-operative Societies (Second Amendment) Ordinance, 1975 (Bihar Ordinance No. 35 of 1975), which replaces the Bihar Co-operative Societies (First Amendment) Ordinance, 1974 (Bihar Ordinance No. 173, of 1974) is under challenge. As common questions of law arise in these writ applications, they have been heard together and this judgment will govern all of them.

2. These writ applications were filed in or about October, 1974, and what was challenged was the Bihar Ordinance No. 173 of 1974. When these applications came to be heard, a petition for amendment was filed in C. W. J. C. No. 1605 of 1974, stating that the Ordinance (Bihar Ordinance No. 173 of 1974) had lapsed, and it was apprehended that a fresh Ordinance on the same lines was likely to be promulgated by the Governor of Bihar. It was common ground before us that a fresh Ordinance, being Bihar Cooperative Societies (Second Amendment) Ordinance, 1975 (Bihar Ordinance No. 35 of 1975), was promulgated. It was signed by the Governor of Bihar on the 11th January, 1975, and was published in the Bihar Gazette on the 15th January, 1975. We accordi





































































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