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32) As observed above, housing societies include three classes of societies, including 'other housing societies'. Sub-section (3) of Section 154B-3 provides for making an application for registration of 'housing society'. Thus, for registration of 'other housing society' which is included in defnition of the term 'housing society', application must be made under Section 154B-3. Therefore, it is not necessary to invoke provisions of Section 8 for making application for registration of 'other housing society', which Section is specifcally excluded under Sub-section (2) of Section 154B. Section 154B-2 provides for minimum of number of persons for registration of 'tenant co-partnership housing society' and 'tenant ownership housing society', which would mean that no application under sub-section (3) of Section 154B-3 can be made for registration of those two types of societies unless there are minimum number of persons available as prescribed in Section 154B-2. If the theory of casus omissus is to be applied as sought to be suggested by Mr. Sawant, as Section 154B-2 does not provide for any minimum number of persons for registration of a 'other housing society', application for its registration under sub-section (3) of Section 154B-3 can be made by one person also. This is the reason why, in my view, omission of 'other housing societies' under Section 154B-2 7 May 2024 Neeta Sawant WPL-11586-2024-FC appears to be a mere drafting error. This is further clear from the frst Proviso to Sub-section (3) of Section 154B-3 which provides that the application for registration must be signed by the 'minimum number of fat purchasers' as provides under 'foregoing section'. The frst Proviso to Sub-section (3) of Section 154B-3 is reproduced thus:

34) Therefore, considering the broad objective behind making special provisions for registration of housing societies by insertion of Chapter XIII-

B, the provision for prescription of minimum number of persons for registration of 'other housing societies' must be traced within Chapter XIII- B and not outside it.


                                         7 May 2024




 Neeta Sawant                                                                            WPL-11586-2024-FC




35)       On the issue of drafting error, a useful reference can be made to

decision of the House of Lords in Inco Europe Limited & Ors. V/s. First Choice Distribution (A Firm) & Ors.1 in which it is held thus :

"The court must be able to correct obvious drafting errors. In suitable cases, in discharging its interpretative function the court will add words, or omit words or substitute words. Some notable instances are given in Professor Sir Rupert Cross's admirable opuscule, Statutory Interpretation, 3rd ed. (1995), pp.93105. He comments at p.103:

37) The Supreme Court, after referring to the judgment of the House of Lords in Inco Europe Limited and Surjit Singh Kalra (supra) has held in Bhasker & Anr. V/s. Ayodhya Jewellers3 that though as a normal rule while interpreting a statute, the Courts are not expected to add words or omit words or substitute words, there is a well recognised exception to this Rule, under which the Courts can correct obvious drafting errors in suitable cases. The Apex Court further held in para 22 and 23 as under: