GURUPADA NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Ch. P.K. Misra, J. The petitioners have filed this writ petition challenging the validity of the provisions contained in clauses (g)(i) and (g)(ii) of Section 3(v) of the Orissa Co-operative Societies (Amendment) Act, 2001 (for short, "the Amendment Act").

(2.) The petitioners claim to be the elected office bearers of the Central, Apex and National Level Co-operative Societies. Earlier, they had filed a writ petition bearing number OJC 8439 of 2001 challenging the Orissa Co-operative Societies (Amendment) Ordinance, 2001, published in Orissa Gazette Extraordinary dated 3.7.2001, amending certain provisions of Sections 16 and 28 of the Orissa Co-operative Societies Act, 1962 (for short 'the Act'). The specific challenge of the petitioners was to the amendment of clauses (g)(i) and (g){ii) of Section 28(2) of the Act, which were substituted by new clauses (g)(i) and (g)(ii). Subsequently, the aforesaid ordinance was replaced by the Amendment Act. Therefore, the petitioners withdrew the previous writ petition and filed the present one challenging the same sub- clauses, i.e., clauses (g)(i) and (g)(ii) of Section 28(2) of the Act, promulgated by Section 3(v) of the Amendment Act.

(3.) The petitioners contend that the aforesaid amended provisions are violatlve of Article 14 of the Constitution as well as the provisions of the Act; that the Amendment Act is a colourable piece of legislation; and that it is perverted to serve the political ends of the party in power.