Abdul Rashid Dar & Ors vs Ut Of J&K And Ors
2021 Latest Caselaw 1696 j&K/2

                                                      S. No. 38
                                                      Regular Cause List
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
               AT SRINAGAR

                   WP (C) 1269/2021, CM (4327/2021)

Abdul Rashid Dar & Ors.                               .....Petitioner(s)

                    Through: Mr. Gulzar Ahmad Bhat, Adv.

      V/s
UT of J&K and Ors.                                   .....Respondent(s)
                     Through: Ms. Asifa Padroo, AAG
CORAM:
    HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                 ORDER

29.12.2021

Impugned in this writ petition is order of Jammu and Kashmir Special Tribunal, Srinagar (The Tribunal) dated 17.06.2021 whereby the tribunal has dismissed the petition filed by the petitioners seeking a direction to the respondents to allow them to function in their respective cooperative societies. Writ of Mandamus is also prayed for by the petitioners to seek a command to the respondents to follow and comply with Ninety Seventh Constitution Amendment Act, 2011.

It is contended by the learned counsel for the petitioners that the tribunal has failed to consider the submission of the petitioners that in view of the Ninety Seventh Constitution Amendment, the petitioners are entitled to hold the Office of Officer bearers of respective cooperative societies for a period of five years. Learned counsel for the petitioners has reiterated the same submission before this Court.

Having heard learned counsel for the parties and perused the material on record, I am of the view that the Constitution (Ninety Seventh Amendment) Act, 2011 in so far as it introduced Part IXB under the Chapter heading 'The Cooperative Societies' has been considered and dealt with by the Supreme Court in its judgment Union of India v. Rajindra N. Shah and Anr. 2021 SCC online SC 474. The impugned part of the amendment has been declared ultravires to the extent of multi state cooperative societies within the State or Union Territories.

From the perusal of the writ petition, it is not clear as to whether the petitioners are elected officer bearers of a multi state cooperative societies or otherwise. No such foundation has been laid down in the petition.

Faced with the aforesaid position, learned counsel for the petitioners seeks leave of this Court to withdraw this writ petition with liberty to file fresh in case the cause survives in the light of the aforesaid judgment. His statement is taken on record.

The writ petition is dismissed as withdrawn with liberty as prayed for.

(SANJEEV KUMAR) JUDGE SRINAGAR 29.12.2021 "Amir"