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KERALA HIGH COURT
LEMELE A. R., J
Kodur Service Co-operative Bank Ltd. No. R. 1523 and Others v. State of Kerala and Others
| Table of Content |
|---|
| 1. challenge to constitutional validity of amendment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. background of co-operative society act and its principles. (Para 7 , 8 , 9 , 10) |
| 3. expert committee recommendations for banking structure. (Para 13 , 14 , 15 , 19) |
| 4. process of amalgamation and its implications. (Para 20 , 21 , 22 , 23) |
| 5. arguments against the ordinance focusing on democratic control. (Para 29 , 30 , 31 , 39) |
| 6. claims of infringement on fundamental rights. (Para 43 , 44 , 72) |
| 7. constitutional basis for validity of re-promulgated ordinance. (Para 77 , 86) |
1. The question which requires a resolution in these writ petitions concern the constitutional validity of the amendment brought in to S.74H(1)(a) and the proviso to sub section (2)(ia) by Ordinance No.6 of 2020 promulgated by the Governor of Kerala in exercise of powers conferred by clause No. (1) of Art.213 of the Constitution of India . The Ordinance is sought to be struck down on the ground that the introduction of the Ordinance is beyond the legislative competence of the State, arbitrary and unreasonable under Art.14, violative of the rights guaranteed to the petitioners under Art.19(1)(c) of the Constitution
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