1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 1768 of 2007 JAGDEO SINGH V/S STATE & ORS. Mr. RS CHOUDHARY for Mr. GR PUNIA, for the appellant / petitioner Mr. DEEPAK CHOUDHARY, DY.G.C., for the respondent Date of Order : 6.8.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- This petition has been filed seeking to challenge the validity of the provisions of Section 28(8) of the Rajasthan Cooperative Societies Act 2001 inter-alia on the ground that it enacts a retrospective disability on the ground of bearing more than two children after 10.7.1995. It is contended by learned counsel for the respondent that the provision is not retrospective, inasmuch as, it was in the earlier Cooperative Societies Act that amendment was effected by Act No.26 of 1995 introducing Section 7C, which was reproduced by incorporating Ordinance No.2 of 1995, which was subsequently enacted as Act No.2 of 1995, and by that disqualification was introduced, and the present Act of 2001 only continues that disqualification, as such, it cannot be said that any retrospective disqualification has 2 been enacted. We have considered the submission, and find force in submission of learned counsel for the respondent. In our view, it cannot be said that Section 28(8) incorporates any disqualification with retrospective effect. The result is that the challenge to the validity of the provision fails. Since the writ petition has been filed against the show cause notice, and it was directed that any order disqualifying the petitioner on the ground set out in Section 28(8) shall be subject to result of this petition, obviously, necessary consequence as provided by law shall flow. The writ petition is, accordingly, dismissed with the above observation. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/