RAJIB MUKHOPADHYAYA Vs. REGISTRAR CORPORATIVE SOCIETIES

JUDGEMENT

(1.) These group of writ petitions challenge the vires of Rule 24(2) of the Delhi Cooperative Societies Rules, 1973 (hereinafter referred to as DCS Rules) as amended on 6th August, 1997 and 1st April, 2005. The Rule as amended and standing at present reads as follows:-

(2.) For the sake of convenience we have taken the WP(C) No. 1403-14/2006 titled Rajib Mukhopadhyaya & Ors. v. Registrar of Cooperative Society & Ors. as the lead petition and the judgment on the validity of Rule 24(2) of the DCS Rules, shall govern all the connected writ petitions.

(3.) The main challenge to the constitutional validity of the above Rule 24(2) of the Act is based upon the judgment of the Division Bench of this Court in Federation of Co-op. G/H Society & Ors. v. Union of India & Ors., 1993(26) DRJ (DB) P. 156. The said judgment related to the constitutional validity of Rule 41A of the DCS Rules, which is reproduced as follows:-