RAJA VIJAYARAGHAVAN V.
Kodur Service Co-Operative Bank Ltd. – Appellant
Versus
State of Kerala, Rep. by the Principal Secretary – Respondent
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
A.S. Krishna vs. State of Madras
Abdul Salam vs. State of Kerala
Bhandara District Central Coop. Bank Ltd. v. State of Maharashtra
D.C. Wadhwa and Others vs. State of Bihar
Daman Singh vs. State of Punjab
K. Nagaraj vs. State of Andhra Pradesh
Krishna Kumar Singh vs. State of Bihar
P. Bhaskaran vs. Additional Secretary
Raghavan Nair vs. Joint Registrar of Co-operative Societies
Zoroastrian Co-op Housing Society Ltd. vs. District Registrar
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.