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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MANINDRA MOHAN SHRIVASTAVA, CJ, G.ARUL MURUGAN, J
Primary Agricultural Cooperative Society Employees Association, Regn.No.116/TNI rep. By its State Vice President S.Murugesan – Appellant
Versus
The 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) |
THE CHIEF JUSTICE
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 pool cadre rules a
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