P RAJAJI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE two appeals have been filed against the common order of the writ Court passed in W. P. Nos. 24684 of 2007 and 24424 of 2007 dated 3rd June 2008.

(2.) BOTH the writ petitions have been filed challenging the Governmental Order in G. O. (2d)No. 76, dated 11th July, 2007 issued by the Secretary to the Government, Department of Co-operation, Food and Consumer Protection Department, whereby all the elections held or in progress in Primary, Central and Apex Co-operative Societies in the State of Tamil Nadu commencing from 8th June, 2007 under the provisions of Tamil Nadu Co-operative Societies Act, 1983 were cancelled. The text of the order dated 11th July, 2007 issued by the Secretary to the Government is set out below: 'co-operation, Food and Consumer Protection (CJ1)Department g. O. (2d)No. 76 Dated:11. 07. 2007 read: 1. G. O. (2d) No. 36, Co-operation, Food and Consumer Protection Department, dated 19. 04. 2007 2. From the Registrar of Co-operative Societies letter Rc. No. 51684/2007/ce1 dated 11. 07. 2007---------ORDER: in the Government Order read above, orders have been issued for conducting elections to all the primary, central and apex co-operative societies in the State commencing from 8th June, 2007, under the provisions of the Tamil Nadu Co-operative Societies Act, 1983, and the rules made thereunder. 2. It has been brought to the notice of the Government that certain unwanted incidents have occured during these polls. The Government are of the opinion that these incidents have undermined the very purpose of conducting the elections to the co-operative societies in the State. The Government have therefore decided to cancel the elections to the co-operative societies wherever they have been conducted and to hold fresh elections to all the co-operatives after consulting the leaders of all political parties in the Legislature. A new election schedule will be announced by the Government after these consultations.

(3.) THE Registrars of Co-operative Societies are requested to cancel the elections wherever they have been completed or in progress. (By Order of the Governor) S. Machendranathan, Secretary to Government. ' 3. Challenging the above said governmental order another writ petition in W. P. No. 24746 of 2007 has been filed with a similar prayer, and also praying to quash the consequential order passed by the Deputy Registrar, Tamil Nadu Co-operative Societies, Krishnagiri dated 11. 07. 2007.