MATHURA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this batch of 28 writ applications the vires of the Bihar Co-operative Societies (Second Amendment) Ordinance, 1975 (Bihar Ordinance No. 35 of 1975), which replaces the Bihar Co-operative Societies (First Amendment) Ordinance, 1974 (Bihar Ordinance No. 173 of 1974) is under challenge. As common questions of law arise in these writ applications, they have been heard together and this judgment will govern all of them,

(2.) These writ applications were filed in or about October, 1974. and what was challenged was the Bihar Ordinance No. 173 of 1974. When these applications came to be heard, a petition for amendment was filed in C. W. J. C. No. 1605 of 1974, stating that the Ordinance (Bihar Ordinance No. 173 of 1974) had lapsed, and it was apprehended that a fresh Ordinance on the same lines was likely to be promulgated by the Governor of Bihar. It was common ground before us that a fresh Ordinance, being Bihar Cooperative Societies (Second Amendment) Ordinance, 1975 (Bihar Ordinance No. 35 of 1975), was promulgated. It was signed by the Governor of Bihar on the 11th January, 1975, and was published in the Bihar Gazette on the 15th January. 1975. We accordingly allowed the amendment prayed for challenging the vires of the new Ordinance which will be hereinafter referred to as the Third Ordinance, being Ordinance No. 35 of 1975. The parties to the writ applications agreed that this amendment made in C. W J. C. No. 1605 of 1974 will hold good in all the writ applications. Allegations of mala fide on the part of Shri Umesh Prasad Verma, Minister of Cooperation, Government of Bihar, have been made in the writ applications in getting the Ordinance promulgated, which will be discussed at the appropriate place in course of the judgment.

(3.) The arguments of Mr. Jagdish Swaroop, learned Counsel appearing on behalf of the petitioner in C. W. J. C. No. 1605 of 1974, have been adopted by learned counsel appearing in the other 23 writ applications, immediately following, namely, C W. J. C. Nos. 1604, 1640, 1667, 1668, 1671, 1672, 1673, 1676, 1678, 1692 to 1702, 1704, 1705 and 1715 of 1974, which may be referred to as the first batch of writ applications for sake of convenience.