(Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Declaration, as stated therein.)

Common Order: (M. Karpagavinayagam, J.)

The question referred for consideration of this Full Bench is as follows:

“Whether Section 89-A of the Tamil Nadu Co-operative Societies Act, 1983 introduced through the amendment Act 12 of 2001 conferring powers on the Special Officer to admit new members in the Co-operative Society is arbitrary, unreasonable, ultra vires and unconstitutional, as it is the usurpation of judicial power?

2. Raising the said question several writ petitions had been filed before the learned single Judge. After hearing the counsel for the parties, the learned single Judge on the basis of the Supreme Court judgment in Kattappan’s case (A.I.R.2000 S.C.2378), held that the Special Officer has no power to admit the new members as it would affect the composition of the society and fundamental rights of the members and as such, the legislature would be incompetent to give statutory recognition to such a power being exercised by the Special Officer. However, the learned single Judge on the basis of the observation made by