Supreme Court of India · 1973-01-19
UTTAR PRADESH CO-OPERATIVE FEDERATION vs THE STATE OF U.P. & ORS.
- Citation / case number
- SC 1971/60236
- Court
- Supreme Court of India
- Petitioner
- UTTAR PRADESH CO-OPERATIVE FEDERATION
- Respondent
- THE STATE OF U.P. & ORS.
- Author
- SIKRI, S.M. (),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
- Bench
- SIKRI, S.M. (CJ),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
Judgment text excerpt
The Supreme Court ruled that the U.P. State Government's nomination of 2/3rds of the committee members under Section 34 of the U.P. Cooperative Societies Act, 1965 was invalid as the condition of holding 60% of the share capital was not met. The Court clarified that the membership of cooperative banks had not ceased and their shares remained part of the capital, thus the share capital was not reduced. Consequently, the Court allowed the writ petition, affirming the constitutional validity of Section 34 was not in question as the prerequisites for its application were not satisfied.