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GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Praveen Kumar Chandrakar (Died) Through Lrs. – Appellant
Versus
State of Chhattisgarh Through The Secretary, Co-operative Department – Respondent
JUDGMENT : .
Goutam Bhaduri, J
Heard.
1. All the petitions are being heard together as in few of the cases, the vires of the amendment made in certain sections by the State, which has been notified on 13th of October, 2020 in the Chhattisgarh Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act, 1960') is under challenge.
2. Except the writ petitions Nos. WPC No.3131/2020 (Praveen Kumar Chandrakar (died) Through Lrs Versus State Of Chhattisgarh), 367/2020 (Kamta Prasad Patel & another Versus State of Chhattisgarh & others) and WPC No.814/2021 (Amit Kumar Khatri & others Versus State of Chhattisgarh & others), the other petitions touch upon the direction issued on the basis of the amendment carried out in the Act, 1960 and Reorganization of the Societies Act. In the other petitions, the tenure of the Society Members/Directors were under challenge would show that they were elected in the year 2017 and the period lasted up till 2022 and now being 2023, by efflux of period of time, except the above referred petitions, all the petitions have become infructuous.
3. With respect to the petitions referred hereinabove vires have been challenged on five grounds which are as under
The Court emphasized the presumption of constitutionality and the burden of proof on the petitioner to demonstrate unconstitutionality.
The main legal point established in the judgment is the requirement for a petitioner to demonstrate legal injury and violation of personal rights to challenge legislative amendments under Article 226....
The restriction on designated officers serving beyond six years under Section 73-A(5) of the Maharashtra Co-operative Societies Act is constitutionally valid as it promotes democratic governance and ....
The Deputy Registrar must consider justifications for delays in lodging election expense accounts before issuing disqualification orders, and the authority to disqualify ultimately lies with the Regi....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
The main legal point established in the judgment is that an order under Section 76B(2) of the Gujarat Co-operative Societies Act, 1961 cannot be passed without first issuing a notice for breach of Se....
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