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2021 Supreme(Ker) 301

RAJA VIJAYARAGHAVAN V.
Kodur Service Co-Operative Bank Ltd. – Appellant
Versus
State of Kerala, Rep. by the Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. T.A. Shaji, Sri. Athul Shaji, Sri. Nikhil Sunny Mooken.
For the Respondents: Sri. K.K. Ravindranath, Sri. I.V. Pramod, Sri. George Poonthottam, Sri. Arun Chandran, Smt. Nisha George.

JUDGMENT :

1. The question which requires a resolution in these writ petitions concern the constitutional validity of the amendment brought in to Section 74H(1)(a) and the proviso to sub-section (2)(ia) by Ordinance No. 6 of 2020 promulgated by the Governor of Kerala in exercise of powers conferred by clause No. (1) of Article 213 of the Constitution of India. The Ordinance is sought to be struck down on the ground that the introduction of the Ordinance is beyond the legislative competence of the State, arbitrary and unreasonable under Article 14, violative of the rights guaranteed to the petitioners under Article 19(1)(c) of the Constitution and the rights which are required to be protected under Article 43B of the Constitution of India and grossly at variance with the cooperative principles. Repeated re-promulgation of the ordinance without laying it before the legislature is yet another ground on which the ordinance is sought to be invalidated.

2. While W.P. (C) Nos. 11753 of 2020 and 6639 of 2020 are filed by the Presidents of two Primary Co-operative Banks challenging the Ordinance on various grounds, W.P. (C) No. 21265 of 2020 is filed by the managing committee of the Malappura

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