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Madras High Court, Writ Petition, Article 226, Tamil Nadu Cooperative Societies Act, Common Cadre Service Rules, Section 74, Section 75, Article 19(1)(c), Article 43B, Functional Autonomy, Cooperative Societies, Madras
05 Mar, 2026
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K.Anbalagan Vs. The Secretary To Government Of Tamil Nadu
As per case facts, Writ Petitions challenged Sections 74 and 75(1) of the Tamil Nadu Cooperative Societies Act, 1983, and related Government Orders establishing Common Cadre Service Rules, arguing they
...were ultra vires Articles 19(1)(c) and 43B of the Constitution, as they centralized power and eroded the autonomy of cooperative societies in matters like recruitment and disciplinary actions. The Respondents argued that the State's control was for effective management and did not completely negate autonomy, citing a prior judgment. The question arose whether these statutory provisions and rules unconstitutionally infringed upon the autonomous functioning and fundamental rights of cooperative societies. Finally, the Court ruled that the constitutional scheme does not mandate absolute autonomy, and the State retains competence to create common cadres for efficient administration. The provisions were deemed to ensure transparent management while allowing societies significant autonomy, leading to the dismissal of the petitions.
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