there is no such Act as Jharkhand Cooperative
Societies Act, 2008 ; 97th constitutional amendment Act has been
declared ultra-vires by Hon'ble Gujarat ... provision of Article 43B and Para IX B introduced vide
97th Constitutional Amendment Act, 2011?
(f) Whether decision making process while issuing
Annexure
Chaudhary v. Gujarat Cooperative Milk
Marketing Federation Limited9 and also the 97th
Constitutional Amendment, the learned Special
Government Pleader has strenuously contended that ... cases 11
members, it will defeat the very constitutional mandate
under 97th Constitutional Amendment.
23. The learned Special Government Pleader has
contended that the general
97th Constitutional Amendment in the year 2011 whereby, the Chapter
of Cooperative Societies was inserted. One of the provisions in the said
Constitutional amendment Article ... appeal filed by the Union of India is allowed and the
97th Constitutional Amendment is restored or revived then in view of Article
243ZL
learned Senior Counsel has submitted that
in the light of the 97th constitutional amendment, establishing a
co-operative society has become a fundamental right ... petitioner, in the above factual
background, has submitted that given the 97th Constitutional
Amendment, the petitioner's right to establish a co-operative society
cannot be superseded, hence, the notice is
without jurisdiction.
5.8 Though 97th Constitutional amendment is set aside
by the Division Bench of this Court ... Union of India reported in
2013(2) GLR 1698, the very 97th Constitutional
amendment has been relied upon by the Honourable
Supreme Court
Constitution
of India pursuant to the 97th Constitutional Amendment as the said
97th Constitutional Amendment has been struck down by the
Division Bench ... Constitutional Amendment. Reliance is also sought to be placed on Article 43B
which is a directive principle inserted by the said 97 th Constitutional
Amendment
case (supra) has been rendered in the context of 97th constitutional amendment by which Part-IX-B on cooperative societies has been introduced. The Apex ... Articles of Part IX-B of the Constitution, as introduced by 97th constitutional amendment, came to a conclusion that a cooperative society would have
course of argument, it was pointed out that by the 97th Constitutional amendment w.e.f. 15.2.2012, cooperative societies had been included in the Constitution ... others (supra) also had the opportunity to consider the 97th Constitutional Amendment and while dealing with constitutional provisions and cooperative autonomy, held as under
amendment in the Act, 1961, being brought about because of the 97th
Constitutional Amendment and in view of the disputes with respect to
the interpretation ... 97th Constitutional
Amendment Act. Therefore, even the issue with regard to the
amendment of the Act in conformity with the 97th Constitutional
Amendment has also
learned counsel has eventually submitted
that in the light of the 97th Constitutional amendment,
establishing a co-operative society is a fundamental right
under Article ... nullifying resolutions under all
circumstances.
43. Keeping in view the 97th Constitutional
Amendment and Article 43B of the Constitution, the Hon'ble
Supreme Court
