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