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1977 Supreme(MP) 115

J.P.BAJPAI, SHIV DAYAL, G.P.SINGH, K.K.DUBE, M.L.MALIK
BRIJ GOPAL DENGA – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
Gulab Gupta, S.L.GARG, Y.S.DHARMADHIKARI

G. P. SINGH, J.

( 1 ) IN this petition under Article 226 of the Constitution, one of the points raised is that Section 19 (c) (2) of the Madhya Pradesh Cooperative Societies Act, 1960, is ultra vires for two reasons: First, that it offends Article 19 (1) (c) of the constitution; and secondly, that it suffers from excessive delegation. When the petition came up for admission before a Division Bench (K. K. Dubey and R. K. Tankha, JJ.), the learned Judges referred the petition to a Bench of five Judges. It was also impliedly indicated that the Bench of five Judges would first consider the question whether, when in a petition the constitutional validity of a State law is raised, the petition can be placed before a Bench of two Judges for purposes of admission in view of Article 228-A of the Constitution. It is on this question that we have heard arguments and it is this question which. I proceed to decide by this order.

( 2 ) UNDER the rules of the High Court made in exercise of the powers conferred by Article 225 of the Constitution and Clause 27 of the Letters Patent, a petition under Article 226 is laid before a Division Bench for motion hearing. At the time of motion hearing, the C




























































































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