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Showing contexts for: function of functionary in Sarla Sirohi vs State Of Raj. & Ors on 25 August, 2010Matching Fragments
The Court further held :
S.B.CIVIL WRIT PETITION NO. 6568/2010 Mooli Devi Choudhary & Ors. vs. State & Ors.
& 20 other connected matters Judgment dt: 25th August, 2010 "It is true various functionaries under the State Act are creatures of statute. But creation as such, by itself, cannot confer on it the status of performing inalienable functions of the State. The main controlling functions and power is conferred on the market committee whose constitution itself reveals that except one or two, the rest are all elected members representing some or the other class from the public. In fact, all governmental functions cannot be construed to be either primary or inalienable sovereign functions. Hence even if some of the functionaries under the State Act could be said to be performing sovereign functions of the State Government that by itself would not make the dominant object to be sovereign in nature or take the aforesaid Act out of the purview of the Central Act.