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1958 Supreme(Ori) 26

R.L.NARASIMHAM, S.BARMAN
BHARAT NAIK – Appellant
Versus
ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES AND ANR. – Respondent


Advocates Appeared:
R.N.MISRA

R. L. NARASIMHAM, C. J.

( 1 ) THESE two O. J. Cs. were heard analogously and will be disposed of in one judgment as both of them involve a common constitutional question.

( 2 ) BY these two applications the constitutional validity of Section 133 of the Orissa co-operative Societies Act 1951 (Orissa Act XI of 1952 -- hereinafter referred to as the Act) has been challenged. That Section reads as follows : "133: Legal practitioners shall not be entitled to represent parties in proceedings under the Act or the rules before any person other than the registrar exercising the powers of Registrar, or any person subordinate to him or acting on his authority, an arbitrator or body of arbitrators, or a liquidator". In O. J. C. No. 290 of 1956 a dispute under the said Act was pending before the assistant Registrar of Co-operative Societies, Cuttack Circle, having, been transferred to his file by the Registrar. The applicant wanted to be represented in the proceeding through an Advocate, but the Assistant Registrar refused permission relying on the aforesaid Section 133. In O. J. C. No. 427 of 1956 also a similar dispute was pending before the Liquidator, Orissa Cooperative Cloth and yarn Syn














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