Legal Question in Constitutional Law in India
Article 12 of the Constitution
Is a cooperative bank in which the state govt holds a share of 59% through Registrar Cooperative & has 3 govt. nominated directors beside an administrative officer as a Managing Director on deputation can be termed as a State instrumentality? Can a Writ lie against such a Bank?
Asked on 10/22/08, 8:40 am
2 Answers from Attorneys
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
Re: Article 12 of the Constitution
On the basis of given information, yes, the bank should be covered within Article 12 and should be amenable to writ jurisdiction u/a.226/227.
Answered on 10/22/08, 4:42 pm
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
Re: Article 12 of the Constitution
Yes Writ can lie against such a Bank
Answered on 10/26/08, 9:24 am
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