BHASKAR BHATTACHARYA, J.B.PARDIWALA
DECEASED MANGUBEN RATILAL THAKKAR – Appellant
Versus
STATE OF GUJARAT-DEPT OF AGRICULTURE AND COOPERATION – Respondent
JUDGMENT :
BHASKAR BHATTACHARYA, J.
1. By this Special Civil Application, the petitioner has prayed for the following reliefs :
“10. The petitioner therefore most respectfully prays to this Hon'ble Court that :
(a) Be pleased to declare the section 95, 161 and 162 of the Gujarat Co-operative Societies Act, 1961 as ultra vires the Constitution of India, 1950.
(b) Be pleased to declare Notification NO..Ghkh-82-2002-nsv-16-2002-3875-ch (3) dated 7.10.02 as ultra vires the Constitution of India, 1950 and the Parent Act (The Gujarat Cooperative Societies Act, 1961).
(bb) Be pleased to declare Notification No..Ghkh-82-2002-nsb-16-2002-3875-ch (1) and .Ghkh-82-2002-nsb-16-2002-3875-ch (2) dated 7.10.02 as ultra vires the Constitution of India, 1950 and the Parent Act (The Gujarat Co-operative Societies Act, 1961).
(c) Be pleased to declare Notification dated 29.3.2012, 16.08.2012, 23.08.2011 and 4.4.2011 of Gujarat Urban Cooperative Banks Federation as ultra vires the Constitution of India, 1950 and The Gujarat Co-operative Societies Act, 1961.
(d) Be pleased to quash and set aside the
M/s. PGF Ltd. vs. Union of India reported in AIR 2013 SC 3702
Joshi Indulal vs. State of Gujarat reported in 1975 GLR 1096
Registrar of Cooperative Societies vs. Kunjambu reported in AIR 1980 SC 350
The Collective Farming Society Ltd. vs. State of Madhya Pradesh reported in AIR 1974 MP 59
Heinz India P. Ltd. vs. State of UP reported in (2012) 5 SCC 443
St. Johns Teachers Training Institute vs. Regional Director
J.K. Industries Ltd. vs. Union of India reported in (2007) 13 SCC 673
Satish Babubhai Patel vs. Union of India reported in 2014 (1) GLH 483
The registrar of co-operative societies and another v. K. Kunjabmu and others
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