MR.BHASKAR BHATTACHARYA

1. All these Special Civil Applications were taken up together as a common question of law is involved in all these matters.

2. The petitioners in these writ-petitions have prayed for a declaration that Rule 3-A (8) of the Gujarat Specified Co-operative Societies Elections to Committees Rules, 1982 [hereafter referred to as the Rules] is ultravires the Constitution of India and/or the Gujarat Co-Operative Societies Act, 1961 [hereinafter referred to as the Act] and the rules made thereunder under the provisions of the said Act.

3. The Rules are framed pursuant to the powers conferred under sections 168 read with section 148A of the Act and accordingly, after compliance of the provisions contained in those provisions of the Act, the Rules were framed by the Government.

4. The sum and substance of the contentions advanced by Mr. Parikh, learned senior Advocate appearing on behalf of the petitioners in these applications, was that Rule 3-A (8) restricting the number of constituencies cannot be enacted by way of a delegated legislation as the Act does not authorize the delegated authority to put any restriction with regard to the formation of constituency.