Ajit Prakash Shah, C.J.

1. A Five-Judge Bench of this Court in M. Thanikkachalam v. Madhuranthagam Agricultural Co-operative Society, 2000 (4) CTC 556 : 2001 (1) LLJ 285, has held that no writ will lie against a co-operative society, since it is not an instrumentality of the 'State' within the meaning of Article 12 of the Constitution of India.

2. While hearing the present Writ Appeal filed against the order of the learned single Judge dismissing the Writ Petition against a co-operative society, the Division Bench [Markandey Katju, C.J. (as he then was) and F.M.I.K.J.] doubting the Five-Judge Bench decision, by order dated 9.8.2005, referred the following question to be decided by a Larger Bench:

“Whether the decision of the Five-Judge Bench of this Court in M. Thanikkachalam v. Madhuranthakam Agricultural Co-operative Society, 2000 (4) CTC 556: 2001 WLR 1, holding that no Writ will lie against a co-operative society is correct in law?”

Pursuant to the said order, the above question was referred to a Full Bench consisting of three Judges. The Full Bench took the view that it will be open only for a Bench of coequal strength to express an opinion doubting the correctness of