GURCHARAN SINGH versus REGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.

GURCHARAN SINGH versus REGISTRAR, CO-OPERATIVE SOCIETIES, HIMACHAL PRADESH AND ORS.

The High Court must examine the maintainability of the writ petition in light of Pradeep Kumar Biswas, allowing parties to present relevant facts and materials, as basic factual aspects regarding whether the society is 'State' were not placed before the High Court.

Parties
Appellant: Gurcharan Singh; Respondents: Registrar, Co-operative Societies, Himachal Pradesh and Ors.
Jurisdiction
India
Judgment Date
15 September 2005
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
appeal disposed of; writ petition restored; High Court to decide maintainability and merits
Legal Topics
Definition of 'state' Under Article 12, Maintainability of Writ Petitions Against Co Operative Societies, Termination of Services
Constitutional Law Definition of 'state' Under Article 12 Maintainability of Writ Petitions Against Co Operative Societies Termination of Services

Case Brief

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Parties

Gurcharan Singh

Appellant

Registrar, Co-operative Societies, Himachal Pradesh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether a co-operative society is 'State' within meaning of Article 12
  2. 2 Whether writ petition challenging termination of services against co-operative society is maintainable

Ratio Decidendi

The High Court must examine the maintainability of the writ petition in light of Pradeep Kumar Biswas, allowing parties to present relevant facts and materials, as basic factual aspects regarding whether the society is 'State' were not placed before the High Court.

Court Disposition

appeal disposed of; writ petition restored; High Court to decide maintainability and merits

Orders

  • Civil Writ Petition No. 1844 of 1995 is restored to file
  • High Court to decide maintainability as well as merits