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TMI Blog2010 (10) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... ands made by the Society. The Society had proposed the expulsion of 27 members including the appellants, by its Resolution dated 27-4-1987 and the said proposal was sent to the Registrar of the Co-operative Societies (hereinafter called the Registrar) as required under the provisions of the Delhi Co-operative Societies Act, 1972 (hereinafter called as 'Act 1972'), for approval on 20-2-1988 and meanwhile it enrolled new members, whose approval was also sought. In spite of all efforts made by the Registrar, the Society did not submit the record before him prior to 19-9-1995. The Registrar vide order dated 2-2-1996 issued notice to the Society for consideration of the said resolution and vide order dated 4-6-1996 rejected the approval. 3. Being aggrieved, the Society approached the Financial Commissioner by filing a revision under Section 80 of the Act 1972 which was also dismissed vide judgment and order dated 30-7-1996. Being aggrieved, the Society filed Writ Petition No. 3325/1996 before the Delhi High Court and after hearing the same, the matter was remanded to the Registrar for reconsideration. In pursuance of the order of the Delhi High Court, the Registrar considered the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pproval and communicate the same to the society and the member concerned within a period of 6 months. The resolution shall be effective from the date of approval." (Emphasis added). 9. It is evident from the aforesaid provision that the legislature desired that every such resolution sent to the Registrar by the Society be considered and decided within a period of 6 months and that the resolution shall be effective from the date of approval. If approval is required, the order which is required to be approved by the statutory authority cannot become effective unless the approval is accorded. 10. Approval means confirming, ratifying, assenting, sanctioning or consenting to some act or thing done by another. The very act of approval means, the act of passing judgment, the use of discretion, and determining as an adjudication therefrom unless limited by the context of the Statute. (Vide : Vijayadevi Navalkishore Bhartia & Anr. v. Land Acquisition Officer & Anr., (2003) 5 SCC 83). 11. There can be no quarrel with the settled legal proposition that if a statute provides for the approval of the higher Authority, the order cannot be given effect to unless it is approved and the same rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , AIR 1992 SC 96, this Court observed as under : "It is not the duty of the Court either to enlarge the scope of the legislation or the intention of the legislature when the language of the provision is plain and unambiguous. The Court cannot rewrite, recast or reframe the legislation for the very good reason that it has no power to legislate. The power to legislate has not been conferred on the Court." This Court explained the distinction between the 'deeming provisions' and 'presumption' and held that the distinction is well discernible. 16. Be that as it may, the High Court has referred to its Division Bench judgment in B.B. Chibber v. Anand Lok Co-operative Group Housing Society Ltd. & Ors., 90 (2001) DLT 652, wherein the same provision has been considered and it had categorically been held that deeming approval was not legally permissible. 17. In view of the above, it was neither desirable nor permissible by the Co-ordinate Bench to disapprove the earlier judgment and take view contrary to it. More so, extension of the period from 6 months to 1 year amounts to legislation. 18. A coordinate bench cannot comment upon the discretion exercised or judgment rendered by another ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issues involved in the earlier Writ Petition No. 3325/1996. The High Court failed to appreciate that it was not dealing with a review petition as it had reviewed its earlier judgment indirectly. 23. It is a settled proposition of law that what cannot be done directly, is not permissible to be done obliquely, meaning thereby, whatever is prohibited by law to be done, cannot legally be effected by an indirect and circuitous contrivance on the principle of "quando aliquid prohibetur, prohibetur et omne per quod devenitur ad illud." An authority cannot be permitted to evade a law by "shift or contrivance". (See : Jagir Singh v. Ranbir Singh & Anr., AIR 1979 SC 381; and M.C. Mehta v. Kamal Nath & Ors., AIR 2000 SC 1997). 24. The Registrar after remand considered the matter and vide order dated 26-8-1997 disposed of the same dealing with the question of the expulsion of the appellants and others. The case was decided after giving full opportunity of hearing to all the parties concerned. The contention of the Society has been that in spite of sufficient opportunities the proposed expelled members did not pay the dues, and therefore, the Society was justified in passing the resolution f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere given to the Society which finally submitted the records on 19-9-1995." Thus, delay was totally attributable to the Society itself. 27. So far as the issue of the expulsion of the members of the Society is concerned, the High Court has not recorded any finding of fact as to when the demands had been made from the members and as to whether there was any progress in the construction work of the Society. We have been taken through the entire judgment of the High Court. We cannot find any single iota which may be termed as a reason for the judgment and we are at a complete loss and could not find out as what the High Court has decided. 28. It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the Court is bound to give reasons for its conclusion. It is the duty and obligation on the part of the Court to record reasons while disposing of the case. The hallmark of order and exercise of judicial power by a judicial forum is for the forum to disclose its reasons by itself and giving of reasons has always been insisted upon as one of the fundamentals of sound administration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not require any extraneous matter to show its incorrectness. Such errors may include the giving of reasons that are bad in law or inconsistent, unintelligible or inadequate. It may also include the application of a wrong legal test to the facts found, taking irrelevant considerations into account and failing to take relevant considerations into account, and wrongful admission or exclusion of evidence, as well as arriving at a conclusion without any supporting evidence. Such a writ can be issued when there is an error in jurisdiction or authority whose order is to be reviewed has acted without jurisdiction or in excess of its jurisdiction or has failed to act. While issuing the Writ of Certiorari, the order under challenge should not undergo scrutiny of an appellate court. It is obligatory on the part of the petitioner to show that a jurisdictional error has been committed by the Statutory Authorities. There must be the breach of principles of natural justice for resorting to such a course. (Vide : Harbans Lal v. Jagmohan Saran, AIR 1986 SC 302; Municipal Council, Sujanpur v. Surinder Kumar, (2006) 5 SCC 173; Sarabjit Rick Singh v. Union of India, (2008) 2 SCC 417; and Assistant Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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