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1981 Supreme(Cal) 301

M.M.DUTT, A.K.SARKAR
ALI AHMED – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.P.CHATTERJEE, ASHOK GANGULY, B.N.SEN, D.K.BANERJI, MAHITOSH MAJUMDAR, N.K.CHAKRAVARTY, N.N.Gupta, SANJIB MISHRA

M. M. DUTT, J.

( 1 ) IN this appeal, the appellant All Ahmed has challenged the propriety of the order dated April 9, 1981 of a learned Judge of this Court discharging the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution.

( 2 ) IN the writ petition, the appellant has prayed for a declaration to the effect that the West Bengal Co-operative Societies (Second Amendment) Act. 1978 is ultra vires Articles 14 and 19 (1) (c) of the Constitution of India. By the said Amendment Act a new provision being Section 26-A has been introduced into the West Bengal Co-operative Societies Act, 1973, hereinafter referred to as the Act. The appellant has also prayed for a writ in the nature of Mandamus commanding the respondents Nos. 1 to 4 to forbear from implementing the said Amendment Act in respect of the West Bengal State Cooperative Marketing Federation Limited commonly known as 'benfd', hereinafter referred to as the Society, and from acting on the basis thereof in any manner whatsoever for the purpose of dissolution of the Managing Committee of the Society.

( 3 ) THE appellant was elected Chairman of the Managing Committee of the Society at the Annua




















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