CHANDRACHUD, Y.V. ((CJ),DESAI, D.A.,REDDY, O. CHINNAPPA (J),VENKATARAMIAH, E.S. (J),MISRA RANGNATH
DAMAN SINGH & ORS. – Appellant
Versus
STATE OF PUNJAB & ORS. – Respondent
HEADNOTE:
Pursuant to a policy decision arrived at an All-India Conference on Co-operative Societies, various State Legislatures, roughly at about the same lime introduced enactments providing for amalgamation of co-operative societies. The vires of the provisions, contained in sub- sections 8 to 11 of section 13 of the Punjab Co-operative Societies Act, 1961- providing for compulsory amalgamation of cooperative societies if it is necessary in the interests cooperative societies, is challenged in these appeals by special leave aud other special leave petitions.
Dismissing the appeals and petitions, the Cource, ^
HELD 1. The vires of legislation is not to be decided on the basis of affidavits of underlings of the executive who can hardly be described as authorised to speak for the legislature. As usual in these and such cases, 581 the Counter-affidavits , where they have been filed , leave much to be desired and arc least helpful to the Court. [584F-G 585A] A
2.1 The law providing for amalgamation of co-operative societies , in view of the constitutional bar contained in Article 31-A (1) (c) cannot be struck down as violative of the provisions of Article 19 (1) (c) of the Constitution ,
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