https://www.taxtmi.com/caselaws?id=298087 Article 226 judicial review cannot be ousted or abridged by Section 5B of the Mumbai Municipal Corporation Act, 1888, because a State statute may regulate statutory rights and consequences but cannot exclude the High Court's power to test legality and grant relief. The provision creating retrospective disqualification by deeming fiction operates only on failure to produce the validity certificate within the stipulated period. Where the caste claim is challenged before that period expires, the High Court may grant interim protection to preserve the subject matter of review and prevent the petition from becoming infructuous; such protection does not rewrite the statute. The appeals therefore fail. en-us Thu, 19 Mar 2020 00:00:00 +0530 Sat, 09 Oct 2021 08:18:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298087 Article 226 judicial review cannot be ousted or abridged by Section 5B of the Mumbai Municipal Corporation Act, 1888, because a State statute may regulate statutory rights and consequences but cannot exclude the High Court's power to test legality and grant relief. The provision creating retrospective disqualification by deeming fiction operates only on failure to produce the validity certificate within the stipulated period. Where the caste claim is challenged before that period expires, the High Court may grant interim protection to preserve the subject matter of review and prevent the petition from becoming infructuous; such protection does not rewrite the statute. The appeals therefore fail. Case-Laws Indian Laws Thu, 19 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298087