Mishra, J. - (1.) THE petitioners herein have challenged the Ordinance No.5 of 1991 dated 27th July, 1991 published in the Tamil Nadu Government Gazette (Extraordinary) dated 28th July, 1991. In the course of the hearing of the writ petitions, however, the Tamil Nadu Co operative Societies (Appointment of Special Officers) Act, 1991 has been notified. THEy have amended the prayer and sought a declaration that it is void and unconstitutional.
(2.) THE statement of Reasons and Objects in the Amendment Act is the same as in Ordinance and the provisions therein are the same as in the Ordinance, It is useful to notice that the Legislature of the State has enacted the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) repealing the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961) and the Tamil Nadu Co-operative Land Development Banks Act, 1934 (Tamil Nadu Act 10 of 1934) to amend and consolidate the law relating to and to make better provision for the organisation, management and supervision of co-operative societies in the State of Tamil Nadu (See Preamble to the Act 30 of 1983). THE Preamble to the Act 30 of 1983 contains that, "to provide for an orderly development of the co-operative movement in accordance with operative principles such as open membership, democratic management, limited interest capital, distribution of surplus based on patronage, provision for co-operative education co-operation among co-operatives for the promotion of thrift, self-help and mutual among persons with common socio-economic needs so as to bring about improvement agriculture and industry, better methods of production, better business and better living for that purpose to amend and consolidate the law relating to co-operative societies in State of Tamil Nadu." THE Legislature enacted the law. The Act brought all societies, whether agricultural producers, marketing society, agricultural service co-operative society, milk producers society, oilseeds growers society, self-reliant society weavers, society, and scheduled co-operative society and whether limited or unlimited liability under the definition of a "primary society" except an apex society or a central society as defined in Sec.2(2l) thereof.
(3.) CHAPTER IV of the Act deals with the management of registered societies and contains specific provision to the effect that the ultimate authority of a registered society shall vest the general body of its members and in Sec.33 that the management of every registered society shall vest in a board constituted in accordance with the provisions of the Act, Rules and the By-laws, which shall exercise such powers and perform such duties as may conferred or imposed on it by the Act, the Rules and the By-laws, and in Sec.33(10) that term of office of a member who is elected to any board constituted under the Act the Rules or the By-laws shall be three years and the term of office of a member of any board nominated thereto by the Government, the Registrar or the prescribed authority or financing bank, if such member is not a Government servant shall not exceed three years, and the term of office of a member of any board who is a nominee of another society other interest, such as the Tamil Nadu State Agricultural Marketing Board, shall not exceed three years.;