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1987 Supreme(Pat) 6

S.SHAMSUL HASAN, UDAY SINHA, S.S.SANDHAWALIA
Chandeshwar Prasad And Etc. Etc. – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The significant question in the field of co-operative law which looms large in this reference to the Full Bench is whether the wide ranging, unguided and uncanalised powers conferred by S.65A Bihar and Orissa Co-operative Societies Act, 1935, on the State Government to call for any and every proceedings before the Registrar or his subordinates or any other person and decide them as it may deem fit, suffer from the vice of arbitrariness and thus infract Art.14 of the Constitution ? If not, the narrower question is whether S.65A includes within its sweep the strictly judicial matters pending before the Registrar under S.48 of the said Act ?

2. In this set of four connected writ jurisdiction cases, the representative matrix of facts may be noticed somewhat briefly from C.W.J.C. No. 4067 of 1981 (Piro Vyapar Mandal Sahyog Samiti Ltd. V/s. The State of Bihar), the petitioner, Piro Vyapar Mandal Sahyog Samiti Ltd. is a Society registered under the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter referred to as the Act) and respondent 6 is a member of the said society. The petitioner society filed an award case before respondent 4, the Assistan

















































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