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1998 Supreme(SC) 87

S.P.BHARUCHA, V.N.KHARE
S. K. Paramasivam – Appellant
Versus
Government Of T. N. – Respondent


JUDGMENT

Bharucha, J.-These appeals by special leave impugn the judgment and order of the High Court at Madras dismissing the writ peti-tions filed by the present appellants, along with other similar writ petitions, and giving certain directions (with which we are not immediately concerned).

2. For the purposes of appreciating what is involved, certain provisions of the Tamil Nadu Co-operative Societies Act, 1983 and the Rules and Bye-laws made thereunder need to be cited. Section 21 of the said Act prescribes the qualifi-cations for membership of a co-operative society. What is relevant is that it provides that the indi-vidual or registered society or the body of per-sons referred to in items (i), (ii) and (iv) thereof shall possess such further qualifications as may be specified in the Rules or the Bye-laws. Sec-tion 23 sets out the disqualifications for mem-bership of a society. Among them is the follow-ing :

"does not possess the qualification, with reference to the principal object of the so-ciety, prescribed in the rules or the bye-laws".

Section 26 relates to the votes of members. Un-der sub-section (1) clause (a) thereof, no member of a registered society shall have more than o

























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