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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, G.ARUL MURUGAN
Primary Agricultural Cooperative Society Employees Association, rep. By its State Vice President S.Murugesan – Appellant
Versus
Secretary to Government of Tamil Nadu, Department of Cooperation, Food & Consumer Protection – Respondent
| Table of Content |
|---|
| 1. petition filed against the tamil nadu cooperative societies act. (Para 1) |
| 2. arguments against sections 74 and 75 affecting autonomy. (Para 2 , 3) |
| 3. court's analysis of constitutional amendments related to cooperatives. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. legitimacy of state control over cooperative societies. (Para 18 , 19 , 20) |
| 5. petition dismissed; no costs. (Para 21) |
ORDER :
MANINDRA MOHAN SHRIVASTAVA, CJ.
The aforesaid two writ petitions have been filed seeking declaration declaring Section 74 and 75(1) of the Tamil Nadu Cooperative Societies Act, 1983, and the consequential Government Orders dated 12.02.2019, 15.02.2024 and 24.01.2024 of the first respondent constituting the Tamil Nadu Primary Agricultural Cooperative Credit Society Common Cadre Service Rules, 2019 as ultra vires Article 19(1) (c) read with Article 43B of the Constitution of India and the preamble part of the Tamil Nadu Cooperative Societies Act, 1983, as amended by Act No.4 of 2013.
2. Submissions made on behalf of the petitioners :
(a) Learned counsel for the petitioners contended that Sections 74 and 75 of the Tamil Nadu Cooperative Societies Act and common p
The provisions for a common cadre in the Tamil Nadu Cooperative Societies Act do not violate constitutional autonomy, as reasonable State regulation is permissible for effective governance.
The main legal point established in the judgment is that the Cooperative Credit Society has autonomous power to fix salary as per its financial status, and the guidelines issued by the government to ....
The right to form a co-operative society encompasses the right to manage its employees, and any law infringing this right is unconstitutional.
The restriction on designated officers serving beyond six years under Section 73-A(5) of the Maharashtra Co-operative Societies Act is constitutionally valid as it promotes democratic governance and ....
Illegal appointments made without following statutory recruitment rules and approved by-laws of co-operative societies cannot be regularised under the Permanent Status Act.
The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee form....
The court declared Section 28(2A) of the Kerala Co-operative Societies Act, 1969 unconstitutional for violating democratic control and autonomy principles, affirming the right to form associations un....
The restriction on the number of directors in cooperative societies to 21 under Section 73AAA of the MCS Act is constitutional and does not violate Articles 14 or 19(1)(c) of the Constitution.
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