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2017 Supreme(Raj) 402

GOVIND MATHUR, G.R.MOOLCHANDANI
Bhanwar Lal S/o Shri Gopram – Appellant
Versus
State of Rajasthan through the Secretary (Law Legislative) Drafting Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. Manoj Bhandri, Mr. Rajesh Joshi, Mr. R.S. Champawat and Mr. B.S. Sandhu.
For the Respondents: Mr. S.S. Rathore, Mr. Gaurav Srimali, Mr. Manish Sisodiya, Mr. Rajesh Panwar, Mr. Parvej Khan, Ms. Kusum Rao and Mr. Darshan Jain.

ORDER :

Govind Mathur, J.

1. These petitions for writ are before us for examining constitutional validity of certain provisions of the Rajasthan Cooperative Societies Act, 2001 and to have reliefs as follows:-

"(i) By an appropriate writ, order or direction, the Section 30(1)(c) of the Act of 2001 introduced vide Notification dated 8th October, 2015 may kindly be declared ultra vires of the Constitution of India so as to be violative of Article 14 and Article 19(1)(c) of the Constitution of India to the extent that it gives power to appoint the Administrator in the Co-operative Society while removing and superseding the existing Committee.

(ii) By an appropriate writ, order or direction, the sub-section (7-A) of Section 28 of the Rajasthan Cooperative Societies Act, 2001 introduced vide Notification dated 26th April, 2016 (Anx.4) published in the Rajasthan Gazette on the said date may kindly be declared unconstitutional as being ultra vires of the constitution of India and be quashed and set aside.

(iii) By an appropriate writ, order or direction, the Section 30-C read with Section 32 of the Rajasthan Cooperative Societies Act, 2001 as amended vide Notification dated 8th October, 2015 (











































































































































































































































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