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2016 Supreme(Raj) 1601

K.S.JHAVERI, MAHENDRA MAHESHWARI
Suraj Birla – Appellant
Versus
State of Rajasthan Anr. – Respondent


Advocates:
For the Petitioners:Mr. Rahul Kamwar, Advocate.

JUDGMENT

1. By way of this petition, the petitioner has prayed for the following relief:

"By issuing an appropriate writ order or direction in the nature of writ of mandamus struck down the Sub-Section 7-A of Section 28 of the Rajasthan Co-operative Societies Act, 2001, inserted vide The Rajasthan Co-operative Societies Act 2016; and to declare the same as ultra vires and unconstitutional."

2. The petitioner has challenged in this petition, the constitutional validity of Section 28(7-A) of the Rajasthan Co-operative Societies Amendment Act, 2016 which reads as under:

Section 28: Disqualification of membership etc. of committee:

7-A No Person shall be eligible for election as a member of a committee, if he has been elected or co-opted to be a member of the committee of the same society in continuation for two times, unless a period of five years from the date of expiry of his second term as the member of such committee has elapsed:

Provided that a member of a committee once elected or co-opted to the committee shall be deemed to have completed his full term for the purpose of this sub-section, even if he was not elected or co-opted for a full term of five years or has not completed his t







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