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2015 Supreme(All) 859

D. Y. CHANDRACHUD, NARAYAN SHUKLA
MECON INDRAPRASTHA SAHAKARI AVAS SAMITI LTD. – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—

A The issue

In these proceedings under Article 226 of the Constitution, there is a challenge to the constitutional validity of the provisions of Section 113 (2) of the Uttar Pradesh Cooperative Societies Act, 1965, Act which were introduced by way of an amendment by U.P. Act 13 of 2013. The state legislature has enacted a provision which stipulates that the Right to Information Act, 2005-enacted by Parliament-shall cover all cooperative societies in the state. The issue is whether the state legislature has legislative competence to enact the provision.

B Facts

2. The background in which the constitutional challenge has been addressed before the Court is that the first petitioner is a primary cooperative housing society, co-operative society registered under the provisions of the Act. The second petitioner is the Honorary Secretary of the first petitioner. The case of the petitioners is that the cooperative society carries on its business from its own resources without any financial aid or assistance from the State and the State has no contribution to its share capital.

3. The fourth respondent, Rajendra Singh Verma, is a me






























































































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