S K PARAMASIVAM Vs. GOVERNMENT OF T N

JUDGEMENT

(1.) These appeals by special leave impugn the judgment and order of the High Court at Madras dismissing the writ petitions filed by the present appellants, along with other similar writ petitions, and giving certain directions (with which we are not immediately concerned).

(2.) For the purposes of appreciating what is involved, certain provisions of the Tamil Nadu Co-operative Societies Act, 1983 and the Rules and Bye-laws made thereunder need to be cited. Section 21 of the said Act prescribes the qualifications for membership of a co-operative society. What is relevant is that it provides that the individual or registered society or the body of persons referred to in items (i), (ii) and (iv) thereof shall possess such further qualifications as may be specified in the Rules or the Bye-laws. Section 23 sets out the disqualifications for membership of a society. Among them is the following:

(3.) On 26th April, 1990, the State Government issued a Government Order which provided that for participating in an election to a Milk Products Co-operative Society, a member should have supplied a minimum quantity of 300 litres of milk, or should have supplied milk for a minimum period of 120 days, in the previous co-operative year. On 10th September, 1990, another Government Order was issued. The earlier G.O. was referred to therein as having been issued to exempt all Milk Producers Co-operative Societies from the provisions of Rule 51-A. The later order amended the earlier order so that what was now provided read: