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2006 Supreme(Chh) 599

S.R.NAYAK, VIJAY KUMAR SHRIVASTAVA, DILIP RAOSAHEB DESHMUKH
Mohd. Akbar – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates appeared:
Kanak Tiwari,Sr. Counsel with Prateek Sharma, Counsel for Petitioners in W.Ps. No. 3580/2004, 1662/2005, 2881 and 4340/2005 and 3269/2004; Manindra Shrivastava, Sr. Counsel with Amrito Das, for Petitioner in W.P. No. 4377/2004; Rahul Jha, for Petitioner in W.P. No. 318/2005. S. N. Nande, for Petitioner in W.P. No. 4953/2005; Sanjay K. Agrawal, for Petitioner in W.P. No. 5479/2005; Smt. Renu Kochar, for Petitioner in W.P. No. 6135/2005, R.S. Shrivastava, for Petitioner in W.P. No. 626/2006; Ravish Chandra Agrawal, Advocate General and Prashant Mishra, Addl. Advocate General with Utkarsh Verma, Dy. Govt. Advocate for State of Chhattisgarh; Rajeev Shrivastava, for Zila Sahakari Krishi Aur Gramin Vikas Bank Maryadit, Raigarh.

Judgement

1-A.S. R. NAYAK, C. J. :- I have had the opportunity of reading the draft judgments prepared by Vijay Kumar Shrivastava, J. and Dilip 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.

3. VIJAY KUMAR SHRIVASTAVA, J. :- 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 the Chha



























































































































































































































































































































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