Primary Agricultural Cooperative … vs The Secretary To Government Of Tamil …

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    Madras High Court

    Primary Agricultural Cooperative … vs The Secretary To Government Of Tamil …

                                                                                             WP Nos.31973 and 17071 of 2025
    
                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                               DATE OF RESERVING             DATE OF PRONOUNCEMENT
    
    
                                                    11.11.2025                               05.03.2026
    
                                                                      CORAM
    
                                         THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA,
                                                                 CHIEF JUSTICE
                                                                         AND
                                               THE HON'BLE MR.JUSTICE G.ARUL MURUGAN
                                                   WP Nos.31973 and 17071 of 2025
    
                         WP No.31973 of 2025
                         Primary Agricultural Cooperative Society
                         Employees Association,
                         Regn.No.116/TNI
                         rep. By its State Vice President
                         S.Murugesan                                                             : Petitioner
    
                                      versus
    
                         1.The Secretary to Government of Tamil Nadu,
                           Department of Cooperation, Food & Consumer Protection,
                           Fort St.George, Secretariat,
                           Chennai 600 009
    
                         2.The Registrar of Cooperative Societies,
                           No.170, N.V.Natarajan Maaligai,
                           EVR, Periyar Road, Kilpauk,
                           Chennai 600 010                                                       : Respondents
    
                         Prayer: Petition filed under Article 226 of the Constitution of India for
                         issuance of a Writ of Declaration declaring Section 74 and 75(1) of the
                         Tamil Nadu Cooperative Societies Act, 1983, and the consequential
                         G.O.(Ms) No.14 Co-operation Food and Consumer Protection (CN1)
    
    
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                                                                                     WP Nos.31973 and 17071 of 2025
    
                         Department dated 12.02.2019 and G.O.(Ms) No.29, Co-operation Food
                         and Consumer Protection (CN1) Department dated 15.02.2024 of the
                         1st respondent constituting the Tamil Nadu Primary Agricultural
                         Cooperative Credit Society common cadre Service Rules, 2019 as ultra
                         vires of Art. 19(1) (c) r/w. 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.
    
    
                         WP No.17071 of 2025
    
                         K.Anbalagan                                                     :   Petitioner
    
                                      versus
    
                         1.The Secretary to Government of Tamil Nadu,
                           Department of Cooperation, Food & Consumer Protection,
                           Fort St.George, Secretariat,
                           Chennai 600 009
    
                         2.The Registrar of Cooperative Societies,
                           No.170, N.V.Natarajan Maaligai,
                           EVR, Periyar Road, Kilpauk,
                           Chennai 600 010
    
                         3.The Administrator,
                           Transport Corporation Employees Cooperative Thrift &
                           Credit Society Limited No.X-367,
                           No.488, 489, 1st Floor, Sathguru Complex,
                           Anna Salai, Nandanam,
                           Chennai 600 035                            :      Respondents
    
                         Prayer: Petition filed under Article 226 of the Constitution of India for
                         issuance of a Writ of Declaration declaring Section 74 and 75(1) of the
                         Tamil Nadu Cooperative Societies Act, 1983 and the consequential
                         G.O.(Ms) No.12 dated 24.01.2024 of the 1st respondent constituting
                         Tamil Nadu Employees Cooperative Thrift & Credit Societies common
                         cadre service Rules, 2024 as Ultra vires of Art 19(1)(c) r/w Art.43-B 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.
    
    
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                                                                                          WP Nos.31973 and 17071 of 2025
    
    
                         For Petitioner               :         Mr.C.Prakasam
                                                                (in WP No.31973 of 2025)
    
                                                                Mr.S.Sathiaseelan,
                                                                (in WP No.17071 of 2025)
    
                         For Respondents              :         Mr.P.S.Raman,
                                                                Advocate general,
                                                                asst. by Mrs.M.Geetha Thamaraiselvan
                                                                Special Government Pleader
                                                                (In both cases)
    
    
                                                           COMMON ORDER
    
    
    

    THE CHIEF JUSTICE

    The aforesaid two writ petitions have been filed seeking

    SPONSORED

    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.

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    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 affect the

    autonomy of the Cooperative societies. The provisions

    contained in the aforesaid two sections are State-centric

    and while constituting common cadre of service in respect

    of the posts of Secretaries, Assistant Secretaries,

    Executive Officers, Assistant Executive Officers, General

    Managers, Assistant General Managers, Managers,

    Assistant Managers, Purchase Managers, Purchase Officers,

    Assistant Purchase Officers, Development Officers, Chief

    Accountants, Chief Accounts Officers, Accounts Officers,

    State has retained absolute control in every aspect of

    recruitment, disciplinary action, transfer, posting etc.

    (b) The competent authority, being a committee

    formed in Rule 3 sub-Rule 4 of the Tamil Nadu Cooperative

    Societies Rules, alone is declared competent to recruit,

    appoint, transfer, suspend, take disciplinary action,

    terminate, decide all new matters etc., common cadre

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    officers/employees, mostly of administrative/managerial

    rank. The power which has been reserved in the hands of

    the committee, thus for all legal and practical purposes, is

    the supreme body, next to the State. Thus, the entire

    power has been centralized in a manner that the autonomy

    of the Cooperative Societies has been completely taken

    away.

    (c) The Cooperative Societies do not have any such

    control which the State or its authority exercises in respect

    of all the common cadre officers/ employees. This

    statutory scheme of the Act and the rules is destructive of

    complete and full autonomy of the Cooperative Societies.

    It also incidentally imposes unreasonable restrictions on

    the fundamental right to form Cooperative Society under

    Article 19(1)(c) of the Constitution of India, as amended,

    along with insertion of Article 43B of the Constitution of

    India, in 2012.

    (d) Article 43B of the Constitution of India, though

    part of the Directive Principles of the State Policy,

    nevertheless provides that the State shall endeavour to

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    promote autonomous functioning. Therefore, while framing

    legislation, the State’s objective must be directed towards

    fulfillment of these directive principles and policies. Any

    provision or scheme of the legislation, which is destructive

    of the autonomy would be ultra vires Article 43B of the

    Constitution of India.

    (e) Consequent upon insertion of Article 43B of the

    Constitution of India, the preamble to the Tamil Nadu

    Cooperative Societies Act was also amended, which clearly

    provides that it is expedient to promote functional

    autonomy.

    (f) Tamil Nadu Cooperative Societies Act was enacted

    prior to insertion of Article 43B of the Constitution of India.

    After insertion of Article 43B of the Constitution of India,

    the preamble was also amended to bring it in tune with the

    new provision in the Constitution and, therefore, the Act,

    after the amendment in the Constitution and the preamble,

    becomes unconstitutional.

    (g) As the provisions contained in Sections 74 and 75

    of the Act and the Rules framed thereunder are destructive

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    of the spirit of the preamble to the Cooperative Societies

    Act, Sections 74 and 75 of the Act are manifestly arbitrary,

    and in addition, the rules are ultra vires the provisions of

    the Act itself.

    (h) Earlier decision of this Court in the case of

    C.Manoharan vs. State of Tamil Nadu1, upholding the

    validity of proviso to sub-Section 3 of Section 75 of the Act

    did not have the occasion to examine the validity of

    Section 74 and all other provisions of Section 75 of the

    Act, except the proviso. Therefore, the decision in case of

    C.Manoharan (supra) is not an authority in the matter of

    challenge to the provisions of Section 74 and 75 of the Act

    (except proviso) and the Rules framed thereunder.

    (i) Learned counsel for the petitioner would further

    submit that the validity of a legislation, in appropriate

    case, could be tested on the anvil of the Directive

    Principles of State Policy, as enshrined in the Constitution,

    and if the legislation is against the spirit of the Directive

    Principles of State Policy, it could be struck down as

    1
    WP MD No.19975 of 2019 etc. batch, dated 26.09.2019

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    violative of the Constitution of India, as also suffering from

    manifest arbitrariness.

    (j) In support of the various submissions made

    hereinabove, learned counsel for the petitioner has placed

    reliance upon the following authorities:

    1. Union of India vs. Chajju Ram (2003) 5 SCC 568

    2. Krisha Kumar Birla vs. Rajendra Singh Lodha (2008) 4 SCC 300

    3. Casio India Company Private Limited vs. State (2016) 6 SCC 209
    of Haryana

    4. National Insurance Co. Ltd. vs. Pranay Sethi (2017) 16 SCC 680

    5. Arup Bhuyan vs. State of Assam (2023) 8 SCC 745

    6. Dr.J.Vijayan & Others. vs. State of Kerala and (2022) 17 SCC 177
    Others

    3. Submissions on behalf of the respondent:

    (a) The principal submission made by the learned

    Advocate-General is that the issue raised in this petition

    was earlier raised before this Court in the case of

    C.Manoharan v. State of Tamil Nadu (supra), wherein

    validity of proviso to sub-Section 3 of Section 75 of the Act

    was challenged on similar grounds. This Court had an

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    occasion to examine the scheme of the Act and the

    constitution of common pool cadre. Challenge to the

    validity on the ground that it adversely affects the

    autonomy and thereby, is violative of Article 43B of the

    Constitution of India, was repelled. The provision contained

    in proviso to sub-Section 3 of Section 75, though being

    much more regressive and power-centric as compared to

    other provisions of Section 75 as well as Section 74, was

    upheld. Therefore, it is submitted that this petition is liable

    to be dismissed on this ground alone.

    (b) In the case of Union of India vs. Rajendra

    N.Shah2, the constitutional amendment to give autonomy

    to Cooperative Societies has been held to be confined only

    to the Central Cooperative Societies for want of ratification

    by the States and therefore, the validity of the provision

    contained in Section 74 and 75 of the Cooperative

    Societies Act could not be judged with reference to the

    provisions contained under Article 43B of the Constitution

    of India.

    2

    2022(19) SCC 520

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    (c) It is further submitted that the validity of Rule

    (3) sub-Rule 4 of the Rules in the matter of appointment of

    Joint Registrar of Cooperative Societies of the region

    concerned as the “competent authority” was also upheld.

    (d) The Directive Principles of the State Policy are

    not justiciable. Therefore, the validity of the legislation

    could not be judged on that ground alone.

    (e) The scheme of the Cooperative Societies Act,

    though it was pre-existing Article 43B of the Constitution

    of India, amendment in the preamble of the Cooperative

    Societies Act, clearly reveals that it confers very high

    degree of autonomy in cooperative societies in the matter

    of their functioning, as all the powers and functions are

    exercisable by the general body and the Board.

    (f) The officers and employees of the Cooperative

    Society are only implementing authorities of the various

    policy decisions. Therefore, the Cooperative Societies enjoy

    a very high degree of functional autonomy though not

    absolute in nature. The provisions relating to the powers

    and functions of the Board, general council and other

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    related provisions, on a conjoint reading, postulate a very

    high degree of autonomy in the hands of the Cooperative

    Societies.

    (g) The minimal control by formulation of provisions

    under the Act and the Rules is intended to regulate

    functioning of the institutions and to promote functional

    management in larger interest of effective functioning of

    the Cooperative Societies, without interfering with their

    day-to-day affairs and the decision which may be taken by

    the society itself.

    (h) The statutory scheme of the Act including

    Sections 74 and 75 of the Act strikes a fine balance of

    autonomy, coupled with regulatory provision, and such

    scheme is prevalent in other institutions of local self-

    governance, viz., panchayats and municipalities, where the

    functional autonomy is with the elected body. However,

    some of the higher officers in the administration and

    management are part of the common cadre. But, in all

    cases, even the officers in the common cadre functioning

    in individual Cooperative Societies are subservient to the

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    society and they have to act under the commands of the

    Board and not the State officials or the Government.

    (i) Learned Advocate General relies upon the

    following authorities:

    1. P.Baluchamy vs. R.K.Veluchamy and others WP Nos.7081of 2000
    dated 23.06.2003

    2. C.Manoharan vs. State of Tamil Nadu WP MD No.19975 of
    2019 etc. batch,
    dated 26.09.2019

    3. B.Gopalakrishnan and others v. Secretary, WP Nos.22611 of 2024
    Department of Cooperation, Food and Consumer etc. batch, dated
    Protection 20.02.2025.

    Analysis and conclusion:

    4. The challenge to the constitutional validity of Sections 74 and

    75(1) of the Cooperative Societies Act and consequential Government

    Orders dated 12.02.2019, 15.02.2024 and 24.01.2024 constituting

    Common Cadre Service Rules, 2019, and Tamil Nadu Employees

    Cooperative Thrift and Credit Societies are assailed mainly on the

    ground that it is ultra vires Article 19(1)(c) read with Article 43B of the

    Constitution of India as also the preamble part of the Cooperative

    Societies Act, as amended by Act 4 of 2013.

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    5. By Constitution (97th Amendment Act) 2011, constitutional

    status was accorded to cooperative societies. Article 19 was amended

    in the manner that in clause (1) in sub-clause (c), after the words, “all

    Unions”, the words, “or Cooperative Societies” was inserted.

    5.1 In Part IV of the Constitution of India, after Article 43A, a

    new Article 43B was inserted as below:

    “43B. Promotion of co-operative societies.—The State

    shall endeavour to promote voluntary formation,

    autonomous functioning, democratic control and

    professional management of co-operative societies.”

    5.2 A new Part IXB relating to Cooperative Societies was also

    inserted after Part IXA, containing various provisions with regard to

    incorporation and other matters of Cooperative Societies.

    6. Article 243ZI provided for incorporation of Cooperative

    Societies as below:

    “243ZI. Incorporation of co-operative
    societies.—Subject to the provisions of this
    Part, the Legislature of a State may, by law,
    make provisions with respect to the

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    incorporation, regulation and winding up of co-

    operative societies based on the principles of
    voluntary formation, democratic member-

    control, member-economic participation and
    autonomous functioning.”

    7. After the constitutional amendment as above, a fundamental

    right to form Cooperative Societies is guaranteed.

    7.1. Article 43B of the Constitution of India is incorporated as

    one of the Directive Principles of the State Policy stating that the State

    shall endeavour to promote voluntary formation, autonomous

    functioning, democratic control and professional management of

    Cooperative Societies. These directive principles require the State to

    make endeavour to promote autonomous functioning.

    7.2. Read with Article 243ZI, empower the Legislature of the

    State to make laws with respect to regulation of Cooperative Societies

    based on the principles of voluntary formation, democratic member-

    control, member-economic participation and autonomous functioning.

    8. A conjoint reading of the aforesaid two provisions added by

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    way of amendment, no doubt, provides for autonomous functioning of

    the Cooperative Societies. However, none of the provisions in terms

    mandate absolute or full autonomy. While Article 43B of the

    Constitution of India, as a measure of Directive Principles of State

    Policy, requires the State to endeavour to promote autonomy, Article

    243ZI of the Constitution of India clearly provides that the Legislature

    of a State may, by law, make provisions with respect to the

    incorporation, regulation and winding up of co-operative societies

    based on :

    a) principles of voluntary formation

    b) democratic member-control

    c) member-economic participation

    d) autonomous functioning.

    9. It, however, does not flow from the aforesaid two provisions

    that there is constitutional imperative for complete autonomy even to

    an extent that the State Legislature is denuded of its competence to

    make provisions with regard to constitution of common cadre of

    services for effective and better management for effective

    administration and management of the Cooperative Societies. The

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    degree and extent of autonomy could be regulated by the laws made

    by Legislature as would be clearly discernible from the provisions

    contained in Article 243ZI of the Constitution of India. It would depend

    upon the nature and extent of the control exercised by the State

    through the legislative device as to what is the degree of autonomy

    which Cooperative Societies enjoy under statutory scheme of a

    particular state enactment relating to the Cooperative Societies.

    10. The Tamil Nadu Cooperative Societies Act, 1983,

    comprehensively provides for registration of societies, qualification of

    members, their rights and liabilities, as also, management of the

    registered societies, duties and privileges of registered societies, State

    aid to registered societies, properties and funds of registered societies,

    paid officers and servants of society as also, audit inquiry, inspection

    and investigation, surcharge and supersession of Cooperative

    Societies. It also provides a mechanism for settlement of disputes. The

    Act also provides for winding up, division, amalgamation etc. of

    insured cooperative bank. The Act further makes provisions with

    regard to joint farming societies, lift irrigation facilities, agricultural

    and rural development banks. Special provisions have been made with

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    regard to short term cooperative credit structure societies. Winding up

    and cancellation of societies is also permitted under the law.

    11. Keeping in view the amendment in the Constitution, and

    insertion of Article 43B, preamble of the Tamil Nadu Cooperative

    Societies Act was also amended by Tamil Nadu Act, 2013, adding the

    following provisions:

    “WHEREAS it is expedient to promote voluntary formation,

    autonomous functioning, democratic control and professional

    management of co-operative societies in the State of Tamil Nadu;

    12. In the light of the aforesaid constitutional scheme and newly

    inserted provision in the Cooperative Societies Act of the State, the

    scheme of Section 74 and 75 is as below :

    74. Recruitment Bureaus.-

    (1) The Government may, by notification constitute
    Recruitment Bureaus at the State and district levels for the
    recruitment of such categories of paid officers and servants
    for employment by such class or classes or category or
    categories of registered societies as may be prescribed.

    Nothing contained in this section shall apply to any of the

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    posts in respect of which common cadre of service has
    been constituted under section 75.

    (2) The manner of constitution of the Recruitment
    Bureaus and the procedure to be followed by such Bureaus
    be such as may be prescribed.

    75. Constitution of common cadre of service.-

    (1) Notwithstanding anything contained in this Act or
    the bylaws made there under and subject to the rules made
    by the Government in this behalf, the Government may, in
    the interest of the co-operative movement, constitute from
    time to time, by order in respect of-

    (i) scheduled co-operative societies: or

    (ii) Primary societies affiliated to such scheduled co-
    operative societies, or

    (iii) co-operative sugar mills, co-operative spinning
    mills, co-operative tea factories and such other registered
    societies prescribed for the purpose of sub-section (4) of
    section 33; or

    (iv) such other class or category of registered
    societies in which the Government have taken shares or
    given financial or other assistance as may be notified by
    the Government.

    One or more common cadre o service in respect of
    the posts of secretaries, assistant secretaries, executive
    officers assistant executive officers general managers,
    assistants general managers, managers, assistant
    managers. Purchase managers, purchase officers, assistant
    purchase officers, development officers, chief accountants,

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    chief accounts officers, accounts officers and such other
    class or classes of posts as may be notified by the
    Government. The common cadre of service under this
    section may be constituted either separately in respect of
    the said posts in any group of registered societies
    mentioned in item (i) or item (ii) or item (iii) or item (iv) as
    the case may be or jointly for the aforesaid posts in one or
    more of the groups of registered societies mentioned in the
    said items (i), (ii), (iii), and (iv) or of two or more of the
    registered societies in any one of the groups mentioned in
    the said items.

    (2) When any such common cadre of service is
    constituted under sub-section (1) in respect of any post, all
    the employees holding, such posts on the date of
    constitution of such common cadre of service, shall be
    deemed to have been absorbed in the common cadre of
    service with effect on land from the date of constitution of
    such common cadre of service:

    Provided that the salary (including allowances) of
    any such employees shall not be varied to his
    disadvantages;

    Provided further that any such employee may, within
    such period as may be prescribed, by notice in writing to
    the competent authority constituted under sub-section (3)
    intimate his option for not becoming a member of such
    common cadre of service, and in that event, his services in
    the registered society shall stand determined with effect on
    and from the date of such notice and he shall be entitled to
    either.-

    (i) all the terminal benefits to which he would have

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    been eligible under the by-laws or contract or award
    applicable to him immediately before the date of
    constitution of such common cadre of service as if such
    employee had retired from service ; or

    (ii) compensation which shall be equivalent to fifteen
    days, salary of such employee (including allowances) for
    every completed year of continuous services or any part
    thereof in excess of six months whichever is higher.

    Explanation. _
    For the purpose of this sub-section,” continuous
    services” shall means an uninterrupted services including
    service which may by interrupted on account of sickness or
    authorized leave or an accident.

    (3) The order under sub-section (1) shall provide for
    the constitution of the competent authority which shall be a
    committee consisting of both officers of the Government
    and non-officials and the total strength of such committee
    shall not exceed five, from among whom one of the officers
    of the Government not below the rank of Joint Registrar in
    the Co-operative Department or not below such rank in
    other departments of the Government as may be
    prescribed shall be appointed by the Government as the
    chairman to exercise the powers of recruitment,
    appointment, transfer and disciplinary control (including
    censure, stoppage of increment, withholding of promotion,
    suspension by way to punishment, reduction to a lower
    rank in the seniority list or to a lower post or time scale
    whether in the same service or in another service or to a
    lower stage in a time scale, compulsory retirement,

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    removal or dismissal) and such other powers as may be
    prescribed in respect of holders of posts in such other
    powers as may be prescribed in respect of holders of posts
    in such common cadre of service. After the constitution of
    such competent authority, the registered society concerned
    cadre of service, exercise any of the powers which are
    conferred shall not in respect of holders of posts in such by
    or under this Act or the rules made thereunder on the
    competent authority in respect of each common cadre of
    service: There shall be a separate competent authority in
    respect of each common cadre of service.

    Provided that the Government may direct that for such
    period not exceeding three years from the date of
    constitution of a common cadre of service, such committee
    in relation to that common cadre of service, shall consist of
    only a single officer of the Government not below the rank
    of Joint Registrar in the Co-operative Department or not
    below such rank in other departments of the Government
    as may be prescribed; and such officer shall be the
    “competent authority constituted under sub-section (3) of
    section 75” for the purposes of this Act and any reference
    to the competent authority in this Act shall, for the period
    mentioned in this proviso, be construed as a reference to
    the single officer aforesaid.

    Provided further that the registered society under which an
    employee borne on a common cadre of service is for the
    time being employed shall also have the power to impose
    on such employee the penalty of censure or stoppage of

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    increment up to two years without cumulative effect.”

    13. Sections 74 and 75 are part of Chapter VIII, which deals

    with paid officers and servants of the society. Section 73 provides that

    subject to the provisions of sections 74, 75, 76 and 77 and subject to

    the Rules made in this behalf, a registered society may appoint such

    paid officers and servants as are necessary for the efficient

    performance of its functions; provided that the qualifications for the

    appointment of paid officers and servants, the conditions of service

    including disciplinary control and the cadre strength of such officers

    and servants of a registered society or class or category of registered

    societies shall be such as may be prescribed. Therefore, Section 73

    confers power on the Cooperative Societies to appoint paid officers and

    servants as may be necessary for the efficient performance of its

    functions. Section 74 provides for recruitment bureau for the

    recruitment of such categories of paid officers and servants for

    employment by such class or classes or category or categories of

    registered societies as may be prescribed. Section 75 provides for

    constitution of common cadre of service and empowers the

    Government to constitute from time to time by order, common cadre

    of service, in the interest of the cooperative movement.

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    14. The validity of proviso to sub-Section 3 of Section 75 was

    challenged in the case of C.Manoharan (supra).

    15. First proviso to Section 75 of the Act enabled the State

    Government to appoint a single officer as a committee, to function as

    a common cadre authority. Challenge to such a provision providing for

    appointment of a single officer as a committee to function as common

    cadre authority, though was challenged as affecting the autonomy of

    the Cooperative Society, as enshrined under Article 43B of the

    Constitution of India, the challenge was repelled.

    It was held as below:

    “24. The sum and substance of the arguments of the
    petitioners is that the autonomy of the Co-operative Society as
    enshrined under Article 43-B of the Constitution of India is being
    infringed by introduction of the common cadre. To be noted,
    Article 43-B of the Constitution of India falls in Part-IV, which
    deals with Directive Principles of State Policy and they are not
    justifiable and based on the same, the Court would not normally
    issue directions for implementation, except in cases relating to
    environmental issues and other issues of public importance. The
    petitioners are salaried employees of the Societies. All of them

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    appear to be in the good books of the elected Board of
    Directors, who have supported them by passing a resolution to
    the effect that their cases are indispensable. Any such resolution
    cannot bind the Authorities. The appointment to a post in a Co-
    operative Society is an appointment to a public office. Therefore,
    necessarily, the procedures contemplated under the provisions
    of the Act have to be adhered to before any appointment is
    made. This applies to promotions as well. Thus, to say that the
    Societies are free to do anything as per their will and pleasure is
    a submission to be outrightly rejected.

    25. The powers and duties that can be discharged by the
    President and the elected Board of Members of the Society are
    clearly circumscribed under the Act. Any violation thereof, they
    are liable to be removed or proceeded with against them. This
    equally applies to the paid employees of the Society. Therefore,
    to state that constitution of common cadre system will affect the
    autonomy of the Society is an argument, which is to be
    rejected. The petitioners have misunderstood the scope of
    autonomy, which is referred to in Article 43-B of the Constitution
    of India or that matter in Article 243ZI of the Constitution of
    India. The autonomy, which is referred to therein pertains to the
    autonomous functioning of the Co-operative Society. It does not
    mean that the Co-operative Society can take law unto
    themselves and frame their own policy for recruitment, transfer
    and to regulate their business as per their whims and fancies.

    The purport of Article 43-B of the Constitution of India is to
    make the State endeavour to promote voluntary formation,
    autonomous functioning, democratic control and professional
    management of the Cooperative Societies. The other way of
    putting it is, by conferring of powers of self governance, it does

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    not mean that the power is unregulated or unbridled. Therefore,
    the arguments of the learned counsels for the petitioners have
    to necessarily fail.

    26. An argument was putforth that the respondents are
    estopped from reintroducing common cadre system, after
    having abolished the same earlier by taking note of the report of
    the Task Force and the memorandum of understanding. There
    can be no estoppel against the statute. At the relevant point of
    time, the situation and the manner in which the co-operative
    societies were managed were taken note of. The High Court was
    flooded with litigations and very often by the Secretary and paid
    employees of the Society challenging the order of the Registrar
    refusing to accept the revision of scales of pay. Extreme cases
    were dealt by this Court, where the paid employees in collusion
    with the elected Board of Directors entered into a settlement
    under Section 18(1) of the Industrial Disputes Act and in few
    cases under Section 12(3) of the Industrial Disputes Act and
    unilaterally revised their pay and allowance multi-fold. This
    resulted in draining the finances of the Societies and ultimately
    driving them to be defunct. Those settlements were ultimately
    invalidated and the unintended benefits, which were availed by
    those paid employees and Secretaries were directed to be
    recovered. Thus, in the given facts, a report was submitted and
    the Government, in 2008, passed an order in G.O.Ms.No.122,
    Cooperation, Food and Consumer Protection (CN1) Department,
    dated 04.07.2008, abolishing the common cadre service in
    respect of the post of Secretary of Primary Agricultural Co-
    operative Banks. From the objects and reasons of the impugned
    enactment, we find that it is intended to have efficient staff in
    the Societies, so that the Societies shall function viably and also

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    provide various services in an efficient manner. Thus, the State
    cannot be pinned down by applying the principles of estoppel,
    which have no application to the facts of the case.

    27. Arguments on the validity of the proviso to Section
    75(3)
    of the Act was on the ground that for the first three years,
    there will be a Single Officer in the rank not below the Joint
    Registrar in the Co-operative Department as a competent
    authority constituted under Section 75(3) of the Act This
    provision has been in existence ever since the Act came into
    force. The proviso is in the nature of an interim arrangement
    having a specified period, (i.e.) not exceeding three years and
    we find no reason to hold the provision to be unconstitutional
    and the petitioners have not been able to establish any
    unconstitutionality in the provision to Section 75(3) of the Act.
    Therefore, the argument that the proviso to Section 75(3) of the
    Act is ultra vires to the Constitution of India has to fail.

    28. To be noted that common cadre system is in respect
    of various posts in the Co-operative Department. If that be the
    position, it can hardly be stated that by introducing the common
    cadre system to the post of Secretary in Primary Agricultural
    Co-operative Credit Society will affect the autonomy of the
    Society is an unacceptable argument.

    16. Though several authorities were cited at the bar before us by

    both parties, in view of the aforesaid decision in the case of

    C.Manoharan, we are unable to uphold the challenge relating to the

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    provisions of Section 74 and 75(1) of the Tamil Nadu Cooperative

    Societies Act as violative of any of the provisions of the Constitution of

    India, much less Article 43B of the Constitution of India. It only

    provides for constitution of a common cadre of service.

    17. The argument that the functional autonomy of the

    cooperative society is taken away in view of the provision of

    Constitution of common cadre services is not correct in view of a very

    comprehensive scheme of management and administration of affairs of

    cooperative societies by their elected representatives constituting

    Managing Committee and the Board. In this regard, provisions

    contained in Section 32 and 33 of the Act are complete answer and are

    reproduced herein below:

    “32.General meetings.-

    (1) (a) Subject to the provisions of this Act, the rules and
    the by-laws, the ultimate authority of a registered society
    shall vest in the general body of its members:

    Provided that nothing contained in this clause shall affect
    the exercise by the board or any officer of a registered
    society of any power conferred on such board or such
    officer by this Act or the rules or by the by-laws.

    (b) Notwithstanding anything contained in clause (a) where
    the area of operations of a registered society is not less
    than such area as may be prescribed, or where the

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    registered society consists of not less than such number of
    members as may be prescribed, the registered society may
    provide by an amendment of its by-laws for the
    constitution of smaller body consisting of such number of
    the members of the registered society as may be
    prescribed, elected in accordance with the rules
    (hereinafter referred to as the representative general body)
    to exercise all or any of the powers of the general body as
    may be specified in the by-laws and any reference, by
    whatever form of words, in the Act to the general body or a
    meeting thereof shall, where a representative general body
    has been constituted under this clause, have effect in
    respect of the powers exercisable by the representative
    general body as if such reference were a reference to the
    representative general body or a meeting thereof, as the
    case may be:

    Provided that thee representative general body shall not
    alter any provision in the by-laws relating to its constitution
    or powers:

    Provided further that nothing in this clause shall be
    construed as empowering the representative general body
    to elect the member of the board of the registered society;
    and the members of the board of that society shall be
    elected by all the members of the society in such manner
    as may be prescribed.

    (c) The exercise of any power by the representative general
    body shall be subject to such restrictions and conditions as
    may be specified in the rules or the by-laws.

    (2) A general meeting of a registered society shall be held
    in a co-operative year for the purpose of-

    (a) approval of the budget for the ensuing year with
    reference to the programme of the activities of the society
    prepared by the board:

    Provided that if the general meeting does not approve the
    budget before the commencement of the year to which it
    relates, even after the budget is placed before it, the board
    shall refer the budget to the Registrar for approval. The
    registrar after examining the reasons for the non-approval

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    for the budget by the general meeting, shall have power to
    modify the budget taking into account the interests of the
    registered society.

    (b) consideration of the audit report and the annual report;

    (c) disposal of the balance of the net profits as specified in
    sub-section (2) of section 72;

    (d) consideration of the details of the services, if any
    rendered to any member of the board or any such near
    relation as may be prescribed of any member of the board
    during the preceding year,

    (dd) appraisal of the programme of the activities of the
    society; and

    (e) consideration of any other matter which may be
    brought forward in accordance with the by-laws:

    Provided that nothing contained in this sub-section shall
    prevent the registered society from convening general
    meetings as often as may be necessary in the interest of
    the society.

    (3) (a) The board may, at any time, call a special general
    meeting of the registered society, and shall call such a
    meeting within one month of the date of a requisition in
    that behalf from-

    (i) such number of the members or proportion of the total
    number of members as may be specified in the by-laws; or

    (ii) the board of the financing bank to which the society is
    affiliated; or

    (iii) any other registered society of such class as may be
    prescribed for the purpose; or

    (iv) the Registrar.

    (b) The requisition referred to in clause (a) shall be in
    writing and shall specify the subjects that shall be placed
    for consideration at the special general meeting.

    (4) (a) If the board refuses or fails to call a meeting in
    accordance with a requisition under clause (a) of sub-

    section (3) or under sub-section (1) of section 25 or if, in

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    the opinion of the Registrar, there is no board or officer
    competent under this Act or the rules or the bylaws to call
    a meeting, or if there be an order of the Registrar or of the
    civil court restraining the board to function, the Registrar
    shall if he is satisfied that there are sufficient and valid
    reasons to convene the special general meeting, call the
    meeting himself.

    (b) If at a special general meeting of the registered society
    the quorum is not present for holding the meeting,-

    (i) in cases where the meeting was called in pursuance of
    requisition from the members, the meeting shall stand
    dissolved; and

    (ii) in any other case, the meeting shall stand adjourned to
    such other day, time and place as the board or the
    Registrar may determine. If, at the adjourned meeting
    also, the quorum is not present for holding the meeting,
    the members present shall be the quorum.

    (c) In respect of any meeting called under clause (a) of this
    sub-section, the Registrar may, notwithstanding anything
    contained in the by-laws of the society, determine the
    period of notice for such meeting, the time and place of the
    meeting and the subjects to be considered thereat and may
    preside over such meeting or authorise any person to so
    preside.

    (5) The Registrar may order that the expenses incurred in
    calling the special general meeting shall be paid out of the
    funds of the society or any other registered society at
    whose instance such meeting was called or by such person
    as, in the opinion of the Registrar, was responsible for the
    refusal or failure to call the meeting under sub-section (4).

    33. Constitution and meetings of the board.-
    (1) (a) The management of every registered society shall
    vest in a board constituted in accordance with the
    provisions of this Act, the rules and the by-laws, which
    shall exercise such powers and perform such duties as may
    be conferred or imposed on it by this Act, the rules and the
    by-laws:

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    Provided that of the members to be elected to the board of
    every registered society, there shall be thirty per cent
    reservation for women and eighteen per cent reservation
    for Scheduled Castes and Scheduled Tribes:

    Provided further that the members of the board may co-opt
    not exceeding two persons having experience in the field of
    banking, management, finance or specialisation in
    agriculture, sericulture, dairy, marketing, small or cottage
    industry or in any other field relating to the objects and
    activities undertaken by the registered society, as members
    of the board of the registered society:

    Provided also that the board may also consist of such
    number of functional directors, not exceeding nine, as may
    be prescribed in the rules or in the by-laws of the
    registered society

    Explanation I. __ For the purpose of this proviso and for
    clause (c) of sub-section (2), ―functional director‖ means a
    paid officer of the society or an officer of Government
    department or representative of central or apex society or
    such other bodies like Reserve Bank of India or National
    Bank for Agriculture and Rural Development having relation
    with functioning of the registered society.

    Explanation II..__ For the purpose of sub-section (1) and
    (2), while calculating the eighteen per cent or thirty per
    cent of reservation, the fraction, if any, shall be ignored if it
    is less than half, or rounded off to the nearest whole
    number if it equal to or more than half:

    Provided also that nothing contained in the first proviso
    shall be deemed to prevent any women or the members of
    the Scheduled Castes and Scheduled Tribes for whom
    representations have been made thereunder in the board of
    any registered society from being elected to any of the
    seats in the board of such registered society:

    Provided also that, in the case of a society registered after
    the commencement of this Act, the persons who have
    signed the application to register that society may
    constitute an interim board to conduct the affairs of that

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    society for a period of three months from the date of
    registration or for such further period or periods not
    exceeding six months in the aggregate from the date of
    registration as the Registrar may consider necessary; but
    the interim board constituted under this proviso shall cease
    to function as soon as a board has been constituted in
    accordance with the provisions of this Act, the rules and the
    by-laws.

    (2) Notwithstanding anything contained in clause (a) of
    sub-section (1), but subject to sub-section (3), in the case
    of every scheduled co-operative society the board shall
    consist of,-

    (a) Such number of members elected from such area or
    from such class or category of registered societies as
    maybe prescribed, of whom eighteen per cent shall be
    elected from members of Scheduled Castes and Scheduled
    Tribes and thirty per cent shall be elected from women, as
    provided in the first proviso to sub-section (1);

    (b) such number of co-opted members not exceeding two
    as may be prescribed; and

    (c) such number of functional directors not exceeding nine,
    as may be prescribed in the rule:

    Provided that nothing contained in clause (a) shall be
    deemed to prevent any woman or the members of the
    Scheduled Castes and Scheduled Tribes for whom
    reservation have been made thereunder in the board of any
    scheduled co-operative society from being elected to any of
    the seats in the board of such scheduled co-operative
    society.

    (3) The board shall consist of-

    (a) in the case of an apex society and a central society, not
    less than eleven and not more than twenty-one members
    as may prescribed in the rules or in the by-laws of the
    society; and

    (b) in the case of primary society, not less than seven and
    not more than twenty-one members as may be prescribed
    in the rules or in the by-laws of the society.

    (4) (a) The number of co-opted members and functional

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    directors mentioned in subsection (1) and sub-section (2)
    shall be excluded for the purpose of counting the total
    number of members specified in sub-section (3);

    (b) Notwithstanding anything contained in this Act, the co-

    opted members and functional directors shall have the right
    to participate and vote at the meetings of the board but
    shall not be entitled to vote at, or contest for, any election
    in the registered society in their capacity as such members.

    (7) The Government shall appoint a managing director or
    chief executive officer to-

    (i) every apex society,

    (ii) every scheduled co-operative society, and

    (iii) such other registered societies as may be notified by
    the Government. The qualifications and the powers and
    functions of the managing director or chief executive officer
    shall be such as may be prescribed:

    Provided that where the by-laws of any other registered
    society provide for the appointment of a managing director
    or chief executive officer by the Registrar such appointment
    shall be made by the Registrar.

    (8) Where the Government or a financing bank have or has
    taken shares in, or given financial or other assistance to, a
    registered society, the Government or the financing bank,
    as the case may be, may notwithstanding anything
    contained in sub-section (1) or sub-section (2), nominate
    to the board of such registered society not more than two
    functional directors if such registered society is an apex
    society, and one functional director in other cases, and
    where the Government or a financing bank nominate under
    this sub-section, then not withstanding anything contained
    in sub-section (3), the number of functional directors of the
    board shall stand increased by such number as is
    nominated under this subsection. The Government or the
    financing bank may at any time withdraw any person or
    persons so nominated and fill up the vacancy or vacancies
    by fresh nomination:

    Provided that where both the Government and financing
    bank have taken shares or given financial or other
    assistance, the Government shall determine whether the

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    Government or the financing bank or both may make the
    nominations:

    Provided further that the nominee of the Government to a
    board of a registered society under this sub-section shall be
    a Government servant:

    (9) Every functional director, who is a Government servant
    nominated to a board of a registered society shall refer to
    the Government in the case of an apex society, and to the
    Registrar in the case of any other registered society any
    resolution of the board of such apex society or other
    registered society, as the case may be, which is not in
    accordance with this Act, the rules or the by-laws of the
    society or which is against the interest of such apex society
    or other registered society, as the case may be. On receipt
    of such report, the Registrar or the Government, as the
    case may be, shall take such action as he or they may
    deem necessary.

    (10) (a) The term of office of a member who is elected to
    any board constituted under this Act, the rules or the by-

    laws shall be five years.

    (b) Every co-opted member of the board shall hold office
    only for such period for which the members of the board
    who have co-opted the member would have been entitled
    to hold office.

    (c) The Government, the Registrar, the prescribed authority
    or the financing bank or the board of another society or
    other interest may at any time withdraw any co-opted
    member or functional director if his or her action is
    detrimental to the interest of the society and fill up the
    vacancy or vacancies.

    (11) (a) Notwithstanding anything contained in this Act,
    election of members to the board of a registered co-
    operative society shall be conducted before the expiry of
    the term of office of the members of the board so as to
    ensure that the newly elected members of the board
    assume office immediately on the expiry of the term of
    office of members of the outgoing board.

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    (b) The superintendence, direction and control of the
    preparation of the electoral rolls for, and conduct of, all
    elections to a co-operative society shall vest in the Tamil
    Nadu State Co-operative Societies Election Commission
    constituted under section 33-A.

    (c) Save as otherwise provided in this Act or rules,-

    (i) the member of the board of a registered society shall be
    elected by the members of the registered society by secret
    ballot in such manner as may be prescribed;

    (ii) the office-bearers of a registered society shall be
    elected by the elected members of the board from among
    themselves by secret ballot in such manner as may be
    prescribed:

    Provided that any casual vacancy in the office of a member
    of the board shall be filled up by the board by nomination
    out of the same class of members in respect of which the
    casual vacancy has arisen, if the remaining term of office of
    the board is less than half of its original term:

    Provided further that any casual vacancy in the office of a
    member of the board, shall be filled up by election in such
    manner as may be prescribed, if the remaining term of
    office of the board is not less than half of its original term.

    (13) The ordinary meetings of a board shall be held at least
    once in every three months for which a notice of not less
    than three clear days shall be given. The managing director
    or the chief executive officer, in consultation with the
    president or chairperson and in his absence the vice-

    president or vice-chairperson, as the case may be, of such
    board or where there is no managing director or chief
    executive officer, the president or the chairperson of such
    board, shall convene the meeting of such board.

    (14)(a) The managing director or the chief executive officer
    in consultation with the president or the chairperson or in
    his absence the vice-president or the vice chairperson of
    the board or where there is no managing director or the
    chief executive officer, the president or the chairperson of
    such board, may, at any time, call a special meeting of the
    board and shall call such a meeting within fifteen days of a
    requisition in that behalf from-

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    (i) not less than one third of the members of the board; or

    (ii) the board of the financing bank to which such
    registered society is indebted; or

    (iii) any other registered society of such class as may be
    prescribed for the purpose; or

    (iv) the Registrar, for which a notice of three clear days
    shall be given to the members of the board.

    (b) the requisition referred to in clause (a) shall be in
    writing and shall specify the subjects that shall be placed
    for consideration at such requisitioned meeting.

    (15) If the managing director or the chief executive officer
    or the president or the chairperson, as the case may be,
    fails to call a meeting in accordance with a requisition
    under clause (a) of sub-section (14), the Registrar shall, if
    he is satisfied that there are sufficient and valid reasons to
    convene the board meeting, call the meeting himself and
    order that the expenses incurred in convening the meeting
    shall be paid out of the funds of the society.”

    18. The entire argument of the learned counsel for the petitioner

    rests on a fallacious submission that the constitutional scheme

    mandates full and complete autonomy in the functioning of the

    cooperative institutions. We have elaborately dealt with hereinabove,

    with reference to the provisions contained in Article 43B and Article

    243ZI of the Constitution of India that though the newly inserted

    provisions in the Constitution provides for autonomous functioning, it

    cannot be said that the State Legislature is denuded of its competence

    to make provision with regard to constitution of common cadre of

    services. After all, day-to-day functioning of the cooperative societies

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    is not affected by constitution of common cadre services and

    appointments made on administrative, managerial and other important

    posts. In the matter of formation of its policies, implementation

    thereof, extending various benefits to its members, constitution of

    common cadre of services does not come in the way. On the other

    hand, constitution of such cadre is intended to ensure better

    administrative and functional management of the affairs of the society,

    which only seeks to advance, the cooperative movement and not

    thwart the same.

    18.1. True, there is certain degree of control exercised by

    the State and its officials insofar as disciplinary action and transfer is

    concerned, it only affects the measure of autonomy. However, it

    cannot be said that mere constitution of a common cadre of service

    and exercising certain degree of control in the matter of disciplinary

    action, transfer, pay etc., cooperative societies are completely denuded

    of their autonomous nature of functioning. Even before the

    amendments in the Constitution of India, as referred to above,

    management of registered societies vests only in their elected bodies

    in the Board.

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    19. The object behind giving power to the government to form a

    common cadre appears to secure the proper management of the

    societies, and cannot be construed as unreasonable or adverse to the

    interest of the society and thus reasonable restrictions under Article

    19(4) of the Constitution of India. Constitution of a recruitment bureau

    under Section 74 is intended only to streamline transparent process of

    recruitment by the bureau without interference by individual

    Cooperative Societies or anyone. Section 74 does not apply to common

    cadre employees and applies only to entry level posts which are to be

    filled up by direct recruitment. Section 73 empowers the Cooperative

    Societies to appoint paid officers and servants. Recruitments are

    governed by provisions contained under the Cooperative Societies

    Rules.

    20. It can thus be stated that with a fairly high degree of

    autonomy enjoyed by Cooperative Societies under the scheme of the

    Tamil Nadu Cooperative Societies Act in all its affairs, certain degree of

    control is in the hands of the State insofar as constitution of common

    cadre of services is concerned. The Rules are being framed to regulate

    the process of recruitment, appointment, transfer, disciplinary action,

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    WP Nos.31973 and 17071 of 2025

    pay etc.

    20.1. The aforesaid scheme of the Act and Rules do not impair

    the autonomous functioning of the Cooperative Societies but are

    intended to only ensure an effective, streamlined, transparent,

    accountable administration and management of the society. Such a

    scheme of the act does not altogether take away complete

    autonomous functioning of the cooperative society, yet reserves to the

    Cooperative Societies great deal of autonomy.

    21. The petitions are sans substratum and accordingly

    dismissed. There will be no order as to costs. Consequently, WMP

    Nos.35813 and 19354 of 2025 are closed.

    (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.)
    05.03.2026

    Index : Yes
    Neutral Citation : Yes
    tar

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    WP Nos.31973 and 17071 of 2025

    To

    1.The Secretary to Government of Tamil Nadu,
    Department of Cooperation, Food & Consumer Protection,
    Fort St.George, Secretariat,
    Chennai 600 009

    2.The Registrar of Cooperative Societies,
    No.170, N.V.Natarajan Maaligai,
    EVR, Periyar Road, Kilpauk,
    Chennai 600 010

    3.The Administrator,
    Transport Corporation Employees Cooperative Thrift &
    Credit Society Limited No.X-367,
    No.488, 489, 1st Floor, Sathguru Complex,
    Anna Salai, Nandanam,
    Chennai 600 035

    Page 40 of 41

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    WP Nos.31973 and 17071 of 2025

    THE HON’BLE CHIEF JUSTICE
    AND
    G.ARUL MURUGAN, J.

    (tar)

    Pre- delivery order in

    WP Nos.31973 and 17071 of 2025

    05.03.2026

    Page 41 of 41

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