Supreme Court of India · 2005-09-15
GURCHARAN SINGH vs REGISTRAR, COOP. SOCIETIES, H.P. .
- Citation / case number
- SC 1999/1693
- Court
- Supreme Court of India
- Petitioner
- GURCHARAN SINGH
- Respondent
- REGISTRAR, COOP. SOCIETIES, H.P. .
- Author
- C.K. THAKKER ARIJIT PASAYAT
- Bench
- C.K. THAKKER ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court of Himachal Pradesh erred in dismissing the writ petition on the grounds of jurisdiction, as the question of whether the respondent Cooperative Society qualifies as 'State' under Article 12 of the Constitution requires further examination. The Court referenced the seven-judge bench decision in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, which clarified the tests for determining 'State' status. The Court restored the writ petition for the High Court to reassess its maintainability and merits, emphasizing the need for a timely resolution within four months.