Interim protection in constitutional challenge to cooperative bank service conditions; impugned order stayed pending legality review.

Interim protection was granted in a constitutional challenge to an impugned order affecting cooperative bank functionaries. The petitioner argued that service conditions were governed by bye-laws framed under State cooperative law, that cooperative societies fall within the State List, and that the statutory framework relied on by the order was itself under challenge. On that basis, the High Court stayed the operation and effect of the impugned order qua the petitioner pending further consideration of its legality.

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Issues: Whether interim protection should be granted against the impugned order pending consideration of the challenge to its legality.

Analysis: The petition raised a constitutional challenge to the impugned action and asserted that the service conditions of cooperative bank functionaries were governed by the bye-laws framed under the State cooperative law. It was also contended that the field of cooperative societies fell within the State List, while banking fell within the Union List, and that the statutory framework relied upon by the impugned order was said to be under constitutional challenge. On that basis, interim protection was sought to preserve the petitioner's position until further hearing.

Conclusion: Interim protection was granted and the operation and effect of the impugned order was stayed qua the petitioner.

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