JAGDISH SINGH versus LT. GOVERNOR, DELHI AND ORS.

JAGDISH SINGH versus LT. GOVERNOR, DELHI AND ORS.

Deemed cessation of membership under Rule 25(2) applies only to the society in respect of which the disqualification is incurred (the subsequent society), not both. Rule 28 provides discretion to the Registrar to order removal from either or both societies, but such discretion must be exercised judiciously after examining circumstances. The Registrar's order ceasing appellant’s membership in both societies was unsustainable as it violated harmonious construction of Rules 25(2) and 28.

Parties
Appellant: Jagdish Singh; Respondents: Lt. Governor, Delhi and Ors.
Jurisdiction
India
Judgment Date
11 March 1997
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Decision
Outcome
appeal allowed
Legal Topics
Membership Disqualification in Housing Societies, Interpretation of Statutory Rules
Co Operative Societies Administrative Law Membership Disqualification in Housing Societies Interpretation of Statutory Rules

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Parties

Jagdish Singh

Appellant

Lt. Governor, Delhi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Decision

Legal Issues

  1. 1 Whether deemed cessation applies to membership in both societies or only the subsequent one when a person becomes a member of two housing co-operative societies in violation of Rule 25(1)(c)(iii)
  2. 2 Interpretation of Rules 24, 25, and 28 of the Delhi Co-operative Societies Rules, 1971

Ratio Decidendi

Deemed cessation of membership under Rule 25(2) applies only to the society in respect of which the disqualification is incurred (the subsequent society), not both. Rule 28 provides discretion to the Registrar to order removal from either or both societies, but such discretion must be exercised judiciously after examining circumstances. The Registrar's order ceasing appellant’s membership in both societies was unsustainable as it violated harmonious construction of Rules 25(2) and 28.

Court Disposition

appeal allowed

Orders

  • Registrar's order dated 23rd February, 1993, Lt. Governor's Revisional order dated 25th August, 1993, and Delhi High Court judgment dated 20th March, 1996 quashed.
  • Appellant ceased to be a member of Tribal Co-operative Housing Society from inception in November 1983; membership of Dronacharaya Co-operative Group Housing Society remains unaffected.