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AMRITA SINHA
Vishva Hindu Parishad, Dakshinbanga – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Amrita Sinha, J.
1. The petitioner no. 1 is a Society registered under the West Bengal Societies Registration Act, 1961 and the petitioner no. 2 claims to be the Honorary Vice President of the petitioner no. 1. The petitioner no. 1 claims to be a social, religious and philanthropic organization aimed at consolidating and strengthening the global Hindu fraternity and working for the welfare of humanity. The Society claims to promote educational activity and provide medical aid and relief to the poor.
2. The petitioner no. 1 claims to be a seller and publisher of several books and magazines. Visva Hindu Varta, the monthly magazine of the Parishad, is registered under the Press and Registration of Books Act, 1867. The Society claims to sell around eight hundred different books as well as posters and calendars. The Society, since 2011, is a regular participant in the International Kolkata Book Fair held annually. It sets up stall in the said fair for selling books and magazines.
3. In response to an advertisement published by the Publishers and Booksellers Guild (hereinafter referred to as ‘the Guild’) seeking interested participants to apply in their letterhead for allotment of
A writ petition against a private body like the Guild is not maintainable as it does not perform public functions akin to the State, and the petitioners have alternative avenues for their expression.
A registered society cannot maintain a writ petition in its own name unless it is represented by a person duly authorized by the governing body of the society, as per Section 22 of the Chattisgarh So....
The court determined that cooperative banks do not qualify as 'State' under Article 12 of the Constitution, thus are not amenable to writ jurisdiction.
The court affirmed that legislative enactments must demonstrate clear grounds of unconstitutionality; mere assertions of arbitrariness without evidence fail to meet the burden needed to invalidate su....
The court emphasized the need to establish jurisdiction before adjudicating on the merits of a case, as per the position of law regarding the maintainability of a writ against private entities.
The Gem and Jewellery Export Promotion Council does not qualify as an 'instrumentality of the State' under Article 12 due to insufficient governmental control, reinforcing its autonomous status.
A writ petition under Article 226 of the Constitution is not maintainable against a registered society unless it is shown to be performing public functions or violating statutory provisions.
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