Delhi High Court
Maa Jhandewali Co-Operative Urban ... vs The Registrar Of Cooperative Societies ... on 6 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1699/2024 and CM APPL. 7001/2024
MAA JHANDEWALI CO-OPERATIVE URBAN THRIFT AND
CREDIT SOCIETY THROUGH ITS SECRETARY
..... Petitioner
Through: Mr. N.S. Dalal, Mr. Alok Kumar and
Ms. Rachana Dalal, Advocates
versus
THE REGISTRAR OF COOPERATIVE SOCIETIES AND ANR
..... Respondents
Through: Mr. Udit Malik, ASC(Civil), GNCTD
with Mr. Vishal Chanda, Advocate
% Date of Decision: 06th February, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present writ petition has been filed challenging the order dated 01st
February, 2024 passed by the Respondent No. 1 under Section 35(1) of the
Delhi Co-operative Societies Act, 2003("DCS Act") whereby Shri Bajrang
Lal, DANICS (Retd.) has been appointed as the Returning Officer for
conducting the elections of the Managing Committee of the Petitioner-
Society, in view of complaints received from the members of the Petitioner-
Society.
2. Learned counsel for the Petitioner states that on 12th December, 2023,
a resolution was passed by the Petitioner-Society for conducting elections
for the Managing Committee for the period 2024-2027, and on 18th
December, 2023, Mr. Rajender Kumar was appointed as the Returning
Officer for conducting the said elections. He further states that the process of
conducting the elections of the Managing Committee of the Petitioner-
Society had started on 28th December, 2023, when the Returning Officer
sent information to the Authorities for conducting the elections. He states
that once such process had started, the Respondent No. 1 had no jurisdiction
to interfere or obstruct the same, or pass any order regarding the elections.
3. He submits that as per the first proviso to Section 35(1) of the DCS
Act, the Registrar is empowered to appoint the Returning Officer to conduct
the elections of a society, only on the request of the committee or one-sixth
members of the society. He points out that while the order dated 01st
February, 2024 acknowledges that the said decision to appoint the Returning
Officer was taken pursuant to complaints received from the members of the
Petitioner-Society; however, it does not clarify whether one-sixth members
of the Petitioner-Society had requested for such an appointment.
4. Issue notice. Mr. Udit Malik, learned Additional Standing Counsel,
GNCTD accepts notice. He states that he has no instructions.
5. Keeping in view the aforesaid submissions as well as the fact that the
election is scheduled to be held on 18th February, 2024, this Court sets aside
the impugned order dated 01st February, 2024 and appoints Mr. Javed Khan,
Mobile No.9667077344 as an Observer to the said election. The Observer
shall not only be present during the time the members vote but he shall also
file his report with the Registry of this Court within two weeks. The fee of
the Observer is fixed at Rs. 25,000/- to be paid by the Petitioner Society.
6. With the aforesaid directions, the present writ petition stands disposed
of. Pending application is disposed of.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
FEBRUARY 6, 2024/msh
