Registrar Cane Cooperative Societies & Ors. vs Gurdeep Singh Narval (Dead) Through Lrs. & Ors.

93 of Reorganisation Act – s.103 of 2002 Act neither operates automatically nor could it retrospectively invalidate the completed actions undertaken under the Reorganisation Act – Provisions contained in two statutes must be, if possible, interpreted in a harmonious manner to give full effect to both the statutes – The overriding effect of Reorganisation Act and effect of s.103 of the 2002 Act necessitates a harmonious construction by which operation of legal fiction has to be restricted, in cases where action for reorganisation of the Societies has already been taken and in respect of the Society whose objects and area of operation are confined to a single State – A deeming provision u/s.103 of 2002 Act cannot unsettle such completed action for reorganisation, by virtue of ss.87 and 93 of the Reorganisation Act – In the absence of multiple State objects in the bye-laws of the Societies, the same cannot be treated as Multi-State Cooperative Societies, as statutory pre-conditions for invoking s.103 of 2002 Act are absent – Judgment dtd.14.03.2007 passed by the High Court is quashed and set aside while the judgment dtd.05.09.2006 passed in C.A. No.8746 of 2013 by High Court is upheld – Authorities under the State Cooperative law shall take steps to conduct the elections of the Societies expeditiously – U.P. Cooperative Societies Act, 1965 – Interpretation of Statutes. [Paras 23, 24, 26] Multi-State Cooperative Societies Act, 2002 – s.103 – Deeming fiction under – Legal fiction is confined to the purpose for which it is created and cannot be extended beyond its legitimate field:

Held: s.103 of 2002 Act introduces a deeming fiction, whereby certain societies affected by reorganisation may be treated as Multi-State Cooperative Societies – A legal fiction must be strictly confined to the purpose for which it is created and cannot be extended beyond its legitimate field – Legal fictions are crafted tools, precise in purpose and limited in reach – The deeming fiction created u/s.103 of the 2002 Act cannot, in any case be construed in isolation so as to override the express statutory scheme contained in Reorganisation Act, which is an enactment governing all legal, administrative and institutional consequences arising from bifurcation of erstwhile State of Uttar Pradesh – The Reorganisation Act has also a non-obstante clause i.e., s.93 – The deeming fiction which though provides for a contingency on bifurcation of State, embodied in s.103 of 2002 Act, did not apply in view of decision taken for reconstitution of the societies under the Reorganisation Act – Uttar Pradesh Reorganisation Act, 2000 – s.93. [Para 22] Multi-State Cooperative Societies Act, 2002 – s.103 – Uttar Pradesh Reorganisation Act, 2000 – ss.87, 93 – Interplay between the Acts – Doctrine of Legislative Continuity – Constitution (Ninety-Seventh Amendment) Act, 2011 – Amendment Act No.11 of 2023. [Paras 13-21]