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2006 Supreme(Chh) 598

V.K.SHRIVASTAVA, DILIP RAOSAHEB DESHMUKH, S.R.NAYAK
MOHD. AKBAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
AMRITO DAS, KANAK TIVARI, MANINDRA SHRIVASTAV, PRASHANT MISHRA, PRATEEK SHARMA, R.S.SHRIVASTAVA, Rahul Jha, Rajeev Shrivastava, RAVISH CHANDRA AGRAWAL, Renu Kochar, S.N.NANDA, Sanjay K.Agrawal, Utkarsh Verma

S. R. NAYAK, C. J.

( 1 ) 1-A. I have had the opportunity of reading the draft judgments prepared by Vijay Kumar Shrivastava, j. and DUip Raosaheb Deshmukh, J. in these writ petitions. The conclusions reached by Dilip Raosaheb Deshmukh, J. with respect, are not acceptable to me. I agree with Vijay Kumar Shrivastava, J.

( 2 ) IN the result, I dismiss all the writ petitions with no order as to costs. The registrar of Co-operative Societies, State of chhattisgarh, Raipur is directed to hold elections to the co-operative Societies concerned within a period of six months from today as directed by Vijay Kumar Shrivastava, J. in his order. VIJAY KUMAR SHRIVASTAVA. J. :-

( 3 ) I have had an opportunity to read the draft order prepared by my learned Brother Dilip raosaheb Deshmukh, J. Having perused the same with due consideration, I regret my inability to agree with the opinion of deshmukh, J. Hence, this separate opinion of mine.

( 4 ) CONSTITUTIONAL validity of the chhattisgarh Co-operative Societies (Amendment) Act, 2004 (No. 22 of 2004) has been assailed in all these petitions. For brevity the amendment provided therein is reproduced below : "amendment of Section 49.- In Section 49 of th

















































































































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