SARAVANAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) These writ petitions have been filed to declare Section 34 (i) of the Tamil Nadu Co-operative Societies Act, 1983 (The Act) as being null and void as far as visually impaired persons are concerned and for a consequential relief to declare the election of the petitioner as valid, if he is elected in the election for the Board of Directors of the fifth respondent cooperative society held on 12.04.2013.

(2.) Both the writ petitions are visually impaired persons and they are working as binders. The petitioner in W.P.No.9723 of 2013, is working as a Binding Assistant in the Government Press at Mint, Chennai and the petitioner in W.P.No.9391 of 2013 is working as a Binding Assistant in the District Central Library, Dharmapuri. Since the nature of grievance expressed by both the petitioners and grounds of challenge are identical, we have heard both the writ petitions together.

(3.) The facts which are imperative to be adumbrated are that the Constitution 97th Amendment Act, 2011 inserted a new Article 42B in part IV of the Constitution relating to promotion of co-operative societies stating that the State shall endeavour to promote voluntarily formation, autonomous functioning, democratic control and professional management of co-operative societies. After Part IXA of the Constitution Part IXB dealing with Cooperative Societies was inserted containing the following Articles, namely Articles 246ZH, defining authorized persons, board, co-operative society, multi-state co-operative society, office bearer, registrar, State Act and State level co-operative society; Article 243ZI dealing with incorporation of the co-operative societies; Article 243ZJ, the number and terms of members of Board and its office bearers; Article 243ZK, election of members of Board; Article 243ZL super-session and suspending of board and interim management; Article 243ZM Audit of accounts of co-operative societies; Article 243ZN convening of general body meetings; Article 243ZO right of a member to get information; Article 243ZP returns, Article 243ZQ offences and penalties; Article 243ZR application to multi-state co-operative societies; Article 243ZS application to Union Territories; and Article 243ZT continuance of existing laws.