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2004 Supreme(Raj) 1227

SHIV KUMAR SHARMA, DINESH MAHESHWARI
Rajasthan Cricket Association – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Paras Kuhad & Sunil Nath, for Petitioners Aruneshwar Gupta & Bharat Vyas, Addl. Advocate General for the State Prem Asopa, Sr. Advocate with Manish Acharya, Manish Bhandari & R.N. Mathur, for the Interveners

Honble SHARMA, J.–The petitioners, in the instant writ petitions seek to assail the validity of the Rajasthan Sports Association (Registration, Recognition and Regulation of Associations) Ordinance, 2004 (for short the `Ordinance) which was promulgated and notified by the Governor of Rajasthan in the Gazette Notification dated August 18, 2004.

(2). The challenge is based on the following grounds:-

(i) Exercise of power under Art. 213 of the Constitution of India for promulgating the Ordinance was vitiated by non- existence of the conditions which control exercise of the powers by the Governor.

(ii) The Ordinance represents an infraction of the petitioners fundamental right guaranteed by Article 19 (1)(c) of the Constitution.

(iii) The Ordinance is violative of Article 14 of the Constitution, being unreasonable and arbitrary.

ARTICLE 213

(3). In support of the first contention it is canvassed on behalf of the petitioners that the power under Art. 213 is conditional and its exercise is by the Governor and not by the Legislature. Further, the exercise of power is contingent upon subjective satisfaction of the Governor as to existence of the conditions set out under Art. 213. The power under











































































































































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