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2009 Supreme(P&H) 1519

M.M.KUMAR, NIRMALJIT KAUR
Bejul Somaia – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Article 226 of the Constitution prays for issuance of a writ in the nature of mandamus declaring the provisions of Section 20 of the Haryana Co-operative Societies Act, 1984 (for brevity, the Act) ultra vires of Article 14 of the Constitution. It has also been prayed that Rule 34 of Appendix A of the Haryana Co-operative Societies Rules, 1989 (for brevity, "the Rules) be declared as ultra vires of the Act. A further prayer has also been made for quashing order dated 4.11.2006 (P-l) issued by respondent No. 3.

2. Brief facts of the case are that the petitioners are members of the Saraswati Kunj Cooperative House Building Society Ltd., Wazirabad, Gurgaon- respondent No. 5 (for brevity, the Society). It is claimed that the Society has approximately 9,200 members. On 29.11.2004, on account of certain irregularities, the Assistant Registrar-respondent No. 7 suspended the then Managing Committee of the Society and the Inspector, Co-operative Societies, Gurgaon, was appointed as the Administrator of the Society. On 2.2.2005, the then Managing Committee of the Society was removed by respondent No. 7 and a Board of Administrators comprising






































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