JAGAT SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed challenging the constitutional validity of Section 30 of the Societies Registration Act as introduced by the Societies Registration (Haryana Amendment) Act, 2007.

(2.) To appreciate the contentions advanced, Section 30 of the Act, as introduced by the Haryana Amendment Act, is extracted below:

(3.) Learned Counsel for the Petitioners has contended that Section 30 of the Act is ultra vires Article 19(c) read with Article 19(4) of the Constitution. The second ground urged is that the State Legislature is not competent to enact the Amendment Act as the field is already covered by a parliamentary enactment i.e. The Khadi and Village Industries Commission Act, 1956. There has been a transgression into an occupied field by the enactment of the Amendment Act according to the learned Counsel.