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2001 (3) TMI 976 - SC - Indian LawsWhether names of the societies and individuals who were already admitted as members before coming into force of the said Act that is before the 23rd August 2000 could be included in the voters list? Held that - The requirement of the completion of the period of three years from the date of its investing any part of its fund in the shares of such federal society would apply only to those societies which became member society of the federal society after 20th August 2000. In this view of the matter the impugned judgment of the High Court does not suffer from any infirmity. Even if there remained any doubt in the matter of interpreting the proviso the Ordinance that has been promulgated on 27th February 2001 called the Maharashtra Ordinance No. X of 2001 after the first proviso to sub-section (3) a second proviso had been inserted has removed any doubt or controversy in as much as it has been indicated therein that the first proviso will not apply to the member society which has invested any part of its fund in the share of the federal society before the commencement of the Maharashtra Co-operative Societies (Amendment) Act 2000 dated 20th August 2000. The aforesaid Ordinance also has been given a retrospective effect to be effective from 23rd August 2000. The Ordinance having been held to be valid by us as stated above the so-called prohibition contained in the first proviso to sub-section (3) of Section 27 will not apply to all those societies which have already become members of the federal society prior to 23rd August 2000. On the wake of the aforesaid the Appeal thus fails Each party however to pay and bear its own costs.
1. ISSUES PRESENTED and CONSIDERED
The core legal questions considered by the Court were: (a) Whether the amendment to the proviso of Section 27(3) of the Maharashtra Co-operative Societies Act, 1960, which restricts voting rights to member societies only after completion of three years from the date of investment in shares of a federal society, applies retrospectively to societies that had already become members prior to the amendment's commencement date. (b) Whether the Maharashtra Ordinance No. X of 2001, promulgated during the pendency of the appeal and given retrospective effect, is constitutionally valid and effectively clarifies the applicability of the proviso to existing member societies. (c) Whether the promulgation of the Ordinance constitutes an abuse of legislative power, amounting to legislative malice or a fraudulent use of the legislative process intended to influence or scuttle free and fair elections. (d) The extent of judicial review over the executive's satisfaction and power to promulgate ordinances under Article 213 of the Constitution, including the doctrine of political question and separation of powers. (e) The proper approach to statutory interpretation, particularly the use and weight of the Statement of Objects and Reasons and extrinsic materials in construing the proviso to Section 27(3). 2. ISSUE-WISE DETAILED ANALYSIS (a) Applicability of the Amendment to Existing Member Societies The legal framework involved Section 27(3) of the Maharashtra Co-operative Societies Act, 1960, as amended by the Maharashtra Co-operative Societies (Second Amendment) Act, 2000. The amendment introduced a proviso restricting voting rights to member societies only after they have completed three years from the date of investment in shares of the federal society. The key question was whether this restriction applied to societies that had become members prior to the amendment's effective date (23rd August, 2000). The High Court had held that since the voters list was finalized on 30th June, 2000, prior to the amendment, the existing member societies could not be denied voting rights on the basis of the subsequent amendment. The Court reasoned that the amendment could not retrospectively affect finalized election processes. The Supreme Court analyzed the language of the proviso, focusing on the phrase "any new member society." It was held that the ordinary and grammatical meaning of "new" refers to societies joining after the amendment's commencement date. Thus, the restriction applies only prospectively to societies admitted after 23rd August, 2000. Societies admitted before that date remain entitled to vote without completing the three-year period. The Court emphasized the cardinal principle of statutory interpretation that words must be given their natural, ordinary meaning unless such interpretation leads to absurdity or is contrary to the statute's object. The Court found no such necessity to depart from the plain meaning in this case. (b) Validity and Effect of the Maharashtra Ordinance No. X of 2001 The Ordinance was promulgated by the Governor of Maharashtra on 27th February, 2001, during the pendency of the appeal, and was given retrospective effect from 23rd August, 2000. It inserted an additional proviso to Section 27(3) clarifying that the first proviso restricting voting rights does not apply to member societies which had invested funds before the commencement of the Amendment Act. The Court noted that the Ordinance was issued under the powers conferred by Article 213 of the Constitution, which permits the Governor to promulgate ordinances when the legislature is not in session and immediate action is necessary. Mr. Bobde, Senior Counsel for the appellant, challenged the Ordinance as an abuse of legislative power and legislative malice, arguing it was a fraudulent exercise to influence elections. However, the Court held that judicial review of the Governor's satisfaction under Article 213 is limited. The Court reiterated settled law that courts will not ordinarily inquire into the motives or propriety of the promulgation of an ordinance unless there is a clear constitutional violation. The Court found no constitutional invalidity in the Ordinance and held it valid. It further observed that even if the Ordinance was unnecessary or merely clarificatory, it was within the executive's legislative power to promulgate it. The retrospective effect of the Ordinance removed any ambiguity or controversy regarding the voting rights of existing member societies. (c) Allegation of Legislative Malice and Abuse of Power The appellant contended that the Ordinance was promulgated with legislative malice, defined as spite or ill will, and was an abuse of the legislative process aimed at scuttling free and fair elections. The Court examined the concept of legislative malice and held that it is beyond the jurisdiction of courts to entertain allegations of legislative malice unless there is a constitutional invalidity. The Court emphasized that the motive behind legislation or ordinances is not justiciable and courts cannot interfere merely on the basis of alleged political or legislative malice. The Court referred to authoritative precedents establishing that the judiciary's role is limited to examining constitutional validity and not the legislative intent or motive. Since no fundamental rights violation or constitutional infirmity was shown, the allegation of legislative malice was rejected. (d) Judicial Review of Ordinance Promulgation and Political Question Doctrine The Court discussed the doctrine of separation of powers and the political question doctrine, which generally restrain courts from interfering in legislative or executive decisions that are political in nature. The Court acknowledged that while judicial reluctance to interfere with legislative functions is well established, there is no absolute bar where there is manifest unauthorized exercise of power or constitutional violation. Relying on precedents, the Court held that the power to promulgate ordinances under Article 213 is legislative in nature and subject only to constitutional limitations. The Governor's satisfaction regarding the necessity of promulgation is not ordinarily justiciable, especially when the Ordinance is subsequently approved or replaced by the legislature. The Court also referred to cases where legislation ad hominem (targeting specific individuals or groups) was struck down, but distinguished the present case where the legislation was general in character and did not infringe constitutional safeguards. (e) Use of Statement of Objects and Reasons and Extrinsic Materials in Statutory Interpretation The appellant relied heavily on the Statement of Objects and Reasons accompanying the Amendment Act and the Ordinance, which described the purpose as clarificatory and referred to confusion in preparing voters lists. The Court explained that while the Statement of Objects and Reasons may be considered as an aid to construction in cases of ambiguity or to understand the legislative background, it is not an indispensable or primary tool for interpretation. The Court cited authoritative decisions emphasizing that the words of a statute must be given their ordinary meaning unless there is ambiguity or absurdity. The Statement of Objects and Reasons cannot override clear statutory language. The Court further noted that extrinsic materials, such as explanatory memoranda or reports, may be consulted only when the provision is ambiguous or leads to unreasonable or absurd results. In the present case, the statutory language was clear and unambiguous, so reliance on the Statement of Objects and Reasons was limited. 3. SIGNIFICANT HOLDINGS The Court's crucial legal reasoning and principles established include: "The words of a statute must prima facie be given their ordinary meaning. When the words of the statute are clear, plain and unambiguous, then the Courts are bound to give effect to that meaning, irrespective of the consequences." "The expression 'any new member society' occurring in the proviso to sub-section (3) of Section 27 refers only to societies which become members after the commencement of the Amendment Act and not to those which had already become members prior thereto." "The power of the Governor to promulgate ordinances under Article 213 is a legislative power exercisable in extraordinary situations when the legislature is not in session and immediate action is necessary. Judicial review of the Governor's satisfaction in this regard is limited and the motive behind promulgation cannot be questioned unless there is constitutional invalidity." "Legislative malice, defined as spite or ill will, is beyond the jurisdiction of courts to adjudicate upon. Courts cannot interfere with legislation or ordinances on the basis of alleged legislative malice in the absence of constitutional infirmity." "Statements of Objects and Reasons are not part of the statute and are not voted upon by the legislature. They may be referred to only as an aid to construction in cases of ambiguity or to understand the legislative background, but cannot override clear statutory language." "The Ordinance promulgated retrospectively clarifies that the restriction on voting rights does not apply to member societies which had invested funds prior to the Amendment Act's commencement, thereby removing any doubt or controversy." Final determinations: - The proviso restricting voting rights applies only to new member societies admitted after 23rd August, 2000. - Existing member societies admitted prior to the amendment retain their voting rights without the three-year waiting period. - The retrospective Ordinance is constitutionally valid and effectively clarifies the law. - The allegation of legislative malice is rejected as non-justiciable. - The High Court's judgment upholding the voters list inclusive of existing members is affirmed.
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