Vs.

Judges: S.C. AGRAWAL & G.B. PATTANAIK, JJ.

Date of Judgment: Mar 11, 1997

Rules

Harmonious Construction of – Rules 25 and 28 of Delhi Co-operative society – Rules to be harmoniously construed – A rule should be read as a whole and a construction which reduces one of rules to dead letter is not harmonious construction and be avoided – Discretion under Rule 28 to be exercised in order of harmonious construction with Rule 25 – Order passed under Rule 25(4) but not considering discretion under Rule 28 has to be properly construed.

It is a cardinal principle of construction of a statute or the statutory rule that efforts should be made in construing the different provisions, so that, each provision will have its play and in the event of any conflict a harmonious construction should be given. Further a statute or a rule made thereunder should be read as a whole and one provision should be construed with reference to the other provision so as to make the rule consistent and any construction which would bring any inconsistency or repugnancy between one provision and the other should be avoided. One rule cannot be used to defeat another rule in the same rules unless it is impossible to effect harmonisation between them. The well-known principle of harmonious construction is that effect should be given to all the provisions, and therefore, this Court has held in several cases that a construction that reduces one of the provisions to a ‘dead letter’ is not a harmonious construction as one part is being destroyed and consequently court should avoid such a construction.

A plain reading of Rule 28 makes it crystal clear that the Registrar when becomes aware of the fact that an individual has become a member of two co-operative societies of the same class which obviously is a disqualification under Rule 25 then he has the discretion to direct removal of the said individual from the membership of either or both the co- operative societies. If sub-rule (2) of Rule 25 is interpreted to mean that deemed cessation of the person concerned from membership of both the societies then the question of discretion of the Registrar under Rule 28 will not arise. (Para 7)