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1970 Supreme(P&H) 25

D.K.MAHAJAN, S.S.SANDHAWALIA
Sant Sadhu Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

D.K.Mahajan, J.

1. This order will dispose of Civil Writ Petitions No. 2820. 2858, 3090 and 3091 of 1969. The petitioners are mainly Directors of the Cooperative Banks and have filed the present petitions under Articles 226 and 227 of the Constitution of India, to challenge the vires of Punjab Co-operative Societies (Amendment) Ordinance, 1969 (Ordinance No. 10 of 1969) which Ordinance has later on been made Law (Punjab Co-operative Societies (Amendment) Act, 1969) (Pun-Jab Act 25 of 1969). Sections Nos. 4, 7, 10 and 11 of the Ordinance and now Sections Nos. 4, 6, 9 and 10 of the Act, are being challenged in these petitions. The main grounds of attack which were argued before us are:-

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(1) That the Punjab Legislature is not competent to make Law pertaining to Banking Corporations. Co-operative Societies doing banking business are Banking Corporations and, therefore, the Amending Ordinance and the Amending Act, which have replaced it are ultra vires the Constitution so far as the Banking Co-operative Societies are concerned.

(2) That the exercise of the power by the State Legislature in enacting the Amending Act and the promulgation of the Ordinance by the Governor are a co































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