CHITRA VENKATARAMAN, R.KARUPPIAH
M. Arumugam – Appellant
Versus
State of Tamil Nadu, rep. by the Secretary to Government – Respondent
Chitra Venkataraman, J.
1. The batch of Writ Petitions before this Court are filed by the members of different Cooperative Societies seeking a Writ of Declaration to declare the provisions of the Tamil Nadu Co-operative Societies (Third Amendment) Ordinance 2012, as unconstitutional and ultra vires the Constitution, particularly Part IXB of the Constitution of India. Subsequent to the filing of the Writ Petitions, the Ordinance had become an Act and accordingly, the petitioners have filed petitions before this Court, amending the prayer to declare the amended Act as unconstitutional. Accordingly, the amendment petitions filed in the Writ Petitions are ordered. On notice, the State has filed a common counter in all these Writ Petitions.
2. It is a matter of record that approximately for about 11 years, there had been no election in the Co-operative Societies for some reason or other to elect the members of the Board of Directors/Governing Body of the cooperative societies. In the wake of the above-said fact, in the place of the Board/governing body, Special Officers were appointed by the Registrar for a specified period not exceeding six months, to manage the affairs of the reg
2006 (1) CTC 1 (K. Nithyanandam Vs. State of Tamil Nadu)
(2000) 6 SCC 127 (Joint Registrar of Co-operative Societies
AIR 1959 SC 860 (Sardar Sarup Singh & ors. vs. State of Punjab & ors.)
AIR 1953 SC 375 K.C. Gajapati Narayan Deo & ors. vs. State of Orissa
AIR 1974 SC 1533 @ 1537 (S.K.G. Sugar Ltd. vs. State of Bihar)
(1974) 2 SCC 402 (Maganlal Chhagganlal (P) Ltd. Vs. Municipal Corporation of Greater Bombay & ors.)
AIR 2000 SC 2378 (Joint Registrar of Co-operative Societies Vs. T.A. Kuttappan)
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