The authority of the High Court and the Supreme Court to pass directions for complete justice, even if it requires deviating from statutory provisions, was a central legal principle established in the judgment.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 26235/2023

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 6703/2023

1. This petition has been filed by the petitioner challenging the order dated April 26, 2023 passed by the Registrar Cooperative Societies (`RCS', for short), wherein (at pages 289 - 290) it has stated as under:

"And whereas, in the meantime Sh V.K.Jain had filed CP (Civil) No 426/2017 seeking compliance of order dated 31.01.2017 passed by Hon'ble High Court of Delhi. Hon'ble High Court vide its order dated 08.12.2022, 01.03.2023 & 13.03.2023 has directed the department to comply with the earlier orders of the Court. Vide its order dated 13.03.2023 Hon'ble High Court has further observed as under:

.... The insistence of the documents at this belated stage does not appear to be well founded and gives an impression to this Court that the Respondent No.1 is dragging its feet. This Court has been apprised that a new "administrator has been recently appointed and for this additional reason, the insistence on the said documents is bound to indefinitely delay the compliance. Similarly, the condition at paragraph 3(c) as per the learned senior counsel for the Petitioner is inapplicable to the facts of this case and is in the teeth of the judgment and order dated 08.05.2019 passed by the Supreme Court.

After some arguments, learned standing counsel for the Respondent No.1 states on instructions from Respondent No.1, who is present in Court that in case the present Administrator of the society is unable to provide the documents as required in paragraph 3(d), the Respondent will dispense with the requirement of the said documents/information and complete the formalities for allotment in favour of the Petitioner and hand over the possession to the Petitioner within a period of ten days. He also states that the condition of paragraph 3(c) will not be insisted upon.

Accordingly, in compliance of order dated 13.03.2023 passed by Hon'ble High Court in CONT.CAS(C) 426/2017 & CM APPL. 9954/2023 the Rule 90 Committee in its meeting held on 05.04.2023 opined that despite the fact that Hon'ble High Court vide order dated 13.03.2023 in CCP No.426 of 2017 has directed the RCS respondent No.1. In that matter to dispense with certain documents required as per Rules, it is a fact neither RCS nor the Rule 90 Committee has any legal mandate to exempt operation of any provision of DCS Act 2003 or DCS Rules 2007.The RCS may in consultation with Law Department, place the facts of the case and the orders of the Hon'ble Courts, before the competent authority i.e. Hon'ble Lt. Governor u/s 127 of DCS Act, 2003 read with Rule 163 of DCS Rules, 2007 for necessary action in compliance of orders passed by Hon'ble Courts."

And whereas, in terms of the Minutes of the Meeting of the Rule 90 Committee dated 05.04.2023, the file was sent to the Law department for the legal opinion on the applicability of the provisions of Delhi Cooperative Societies Act 2003 in case of the membership of VK Jain. In response, the Law Department, GNCTD has observed that the queries raised by the administrative Department are not relevant since it is not a case where the statutory provisions are to be exempted by the Rule 90 Committee or any other statutory authority. In fact, the necessary action has to be taken in this matter, in compliance of directions of Hon'ble High Court. In exercise of their jurisdiction, Hon'ble High Court and Hon'ble Supreme Court can pass directions to do the complete justice between the parties in any situation where the law or the statutory provisions are not capable of addressing the grievances of the parties or where the adherence to the statutory provisions or procedural guidelines would be unjustified in the circumstances of the case. The Law Department, GNCTD has further advised as under:

In this case, the administrative Department has stated that Hon'ble High Court has passed directions and the order of Hon'ble