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Ravi Yashwant Bhoir vs The Collector, District Raigad & Ors on 2 March, 2012

6. The learned Senior Counsel appearing on behalf of the petitioner has referred to the decision of the Hon'ble Supreme Court in the case of Ravi Yashwant Bhoir Vs. District Collector, Raigad [reported in 2012 (4) SCC 407] for the proposition that the elected office bearer of a cooperative society has to be placed in a higher pedestal than a paid employee of a society or a temporary employee of a society. It is further submitted that the elected office bearers cannot be suspended and if at all there is any action to be initiated, an enquiry has to be conducted in terms of Section 81 of the Act, which has already commenced against the petitioner or the Registrar can invoke powers under Section 36 of the Act for disqualification or removal and invoke the power of super session of the board under Section 88 of the Act. Hence, it is submitted that the impugned legislation is liable to be struck down.
Supreme Court of India Cites 61 - Cited by 629 - Full Document

State Of Tamil Nadu & Anr vs P. Krishnamurthy & Ors on 24 March, 2006

22. The Hon'ble Supreme Court in the case of State of Tamil Nadu and Another vs. P.Krishnamurthy [reported in 2006 (4) SCC 517], while considering a challenge to a rule, pointed out that there is a presumption in favour of constitutionality or validity of a subordinate legislation and the burden is upon who attacks it to show that it is invalid. It has been further held that a subordinate legislation can be challenged on the grounds of (a) lack of legislative competence to make the subordinate legislation; (b) violation of fundamental rights guaranteed under the Constitution of India; (c) violation of any provision of The Constitution of India; (d) failure to conform to the statute, under which, it is made or exceeding the limits of authority conferred by the enabling Act;
Supreme Court of India Cites 23 - Cited by 226 - Full Document

Shayara Bano vs Union Of India And Ors. Ministry Of Women ... on 22 August, 2017

24. The Hon'ble Supreme Court in the case of Shayara Bano Vs. Union of India [reported in 2017 (9) SCC 1], held that a subordinate legislation can be struck down on the ground that it is arbitrary and therefore, violative of Article 14 of The Constitution and the Court and https://www.mhc.tn.gov.in/judis/ 10/13 WP.No.21652 of 2021 noted the decision in Cellular Operators Association of India and the other decision on the said point. In the instant case, the challenge is to the provision of Section 76A of the Act, which has not been brought under any one of the conditions.
Supreme Court of India Cites 225 - Cited by 2604 - J S Khehar - Full Document
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