MOTA SINGH, ETC. Vs. STATE OF PUNJAB, ETC.

JUDGEMENT

(1.) A challenge to the constitutionality of the power of compulsory amalgamation of societies vested in the Registrar of Cooperative Societies recently by Sub -sections (8), (9), (10), (11) and (12) of Section 13 of the Punjab Co -operative Societies Act (by Punjab Act No. 8 of 1978) has necessitated this reference to the Full Bench in this set of four connected writ petitions.

(2.) AS is manifest, the aforesaid issue as also some ancillary ones to which reference would follow hereinafter are pristinely legal and, therefore, a brief reference to the facts in Civil Writ Petition

(3.) MR . B.S. Khoji, the learned Counsel for the Petitioners, in all these writ petitions has laid no challenge to the correctness of the said judgment and indeed has placed substantial reliance therein. The primary contention in this context raised by him is that after the lifting of the emergency he is now entitled to challenge the analogous, if not identical, provisions' of Sub -sections (8) to (12) added to Section 13 by the Punjab Act No. 8 of 1978 on the basis of Articles 14, 19 and 31 of the Constitution of India. Counsel was, however, fair enough to concede forthwith that he was unable to press any attack on the basis of Article 31 and wished to confine his argument resting on Articles 14 and 19 of the Constitution only.