The main legal point established in the judgment is the requirement for statutory authority and adherence to prescribed procedures under the Tamil Nadu Co-operative Societies Act, 1983 for the cancellation of elections to co-operative societies.

These two appeals have been filed against the common order of the writ Court passed in W.P.Nos.24684 of 2007 and 24424 of 2007 dated 3rd June 2008.

2. Both the writ petitions have been filed challenging the Governmental Order in G.O. (2D)No.76, dated 11th July, 2007 issued by the Secretary to the Government, Department of Co-operation, Food and Consumer Protection Department, whereby all the elections held or in progress in Primary, Central and Apex Co-operative Societies in the State of Tamil Nadu commencing from 8th June, 2007 under the provisions of Tamil Nadu Co-operative Societies Act, 1983 were cancelled. The text of the order dated 11th July, 2007 issued by the Secretary to the Government is set out below:

Co-operation, Food and Consumer Protection (CJ1)Department G.O.(2D)No.76 Dated:11.07.2007

Read:

1. G.O.(2D) No.36, Co-operation, Food and Consumer Protection Department, dated 19.04.2007

2. From the Registrar of Co-operative Societies letter Rc.No.51684/2007/CE1 dated 11.07.2007

ORDER:

In the Government Order read above, orders have been issued for conducting elections to all the primary, central and apex co-operative societies in the State commencing from 8th June, 2007, under the provisions of the Tamil Nadu Co-operative Societies Act, 1983, and the rules made thereunder.

2. It has been brought to the notice of the Government that certain unwanted incidents have occured during these polls. The Government are of the opinion that these incidents have undermined the very purpose of conducting the elections to the cooperative societies in the State. The Government have therefore decided to cancel the elections to the co-operative societies wherever they have been conducted and to hold fresh elections to all the co-operatives after consulting the leaders of all political parties in the Legislature. A new election schedule will be announced by the Government after these consultations.

3. The Registrars of Co-operative Societies are requested to cancel the elections wherever they have been completed or in progress. (By Order of the Governor) S.Machendranathan, Secretary to Government.

3. Challenging the above said governmental order another writ petition in W.P.No.24746 of 2007 has been filed with a similar prayer, and also praying to quash the consequential order passed by the Deputy Registrar, Tamil Nadu Co-operative Societies, Krishnagiri dated 11.07.2007.

4. All the three writ petitions were heard together, and the learned single Judge by the impugned order dismissed the writ petitions upholding the governmental order quoted herein above.

5. Against the said common order only two appeals have been filed namely., W.A.Nos.932 of 2008 and 827 of 2008 which arose from W.P.Nos.24684 of 2007 and 24424 of 2007 respectively. Therefore, this judgment is confined only to those two writ petitions.

.6. The appellant in W.A.No.932 of 2008 is an advocate and is a member of the Madras Advocates Co-operative Society Ltd. the 3rd respondent herein, which is a registered society under the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as the said Act). The said society is running a canteen within the High Court campus for the benefit of the advocates. It has been contended that the said society is governed by the provisions of the said Act and the rules and bye laws framed under the said Act. The management of the said society vests in a Board of 11 Directors elected by the general body once in every 5 years. Thereafter, those Directors elect the relevant office bearers, such as, President, Vice President, Secretaries, Treasurer, etc., to the said society. By a notification dated 19th April, 2007 the Government of Tamil Nadu issued an order for the conduct of election to all co-operative societies in the State. Pursuant to such notification the date for the commencement of election was fixed on 8th June, 2007 under the provisions of the said Act. Initially 31 advocates filed their nominati