Law:

Section:

.(a) Co-operative Societies (Reforms) Order [P. O. No. 9 of 1972], Art. 5, Cls. (2) & (S)-Object of Order: To reconstitute Managing Committee to get rid of members having dominated affairs of committee for 6 or more years-Order does not exclude right of members having served for a lesser period to serve as members of Managing Committee. The object of the law clearly appears to be to reconstitute the Managing Committee so as to get rid of members who have dominated the affairs of the committee for six years or more. There is no mention of the members who have served for a lesser period and reading Article 5 as a whole, one cannot but concede that the petitioner's claim to the continuance of their franchise as members of the Managing Committee has the backing of legal principles. (b) Interpretation of statutes-Principles. It is a salutary rule of interpretation of statutes that Courts will not easily infer the impairment or forfeiture of valuable rights of citizens unless the words clearly Indicate towards that end. It is another rule of construction that if the words are capable of two interpretations, the interpretation favouring the rights of citizens shall be accepted by the Courts. The construc tion must not be strained to include cases which do not plainly and unmistakably fall within the ambit of the law. Every statute is to be construed according to its manifest intention. The Courts in the process of construction shall always refrain from straining the language of a statute in a manner so as to bring those cases within its mischief about which the Legis lature has made no indication. (c) Co-operative Societies Rules, 1927, r. 48-Words "super sede" and "supersession"- Connotation. According to Black's Legal Dictionary, 4th Edn.. 1958 the word "supersede" among other things means "annul, replace, to render inefficacious, to set aside, suspend or stay". This word, therefore, means complete replacement as well as suspension which means temporary inaction. Rule 48 of Co-operative Societies Rules, 1927 contemplates the supersession of a Committee for a particular period which implies that the com mittee can…