Delhi High Court
Chandra Kala Rai vs Registrar Of Cooperative Societies ... on 25 October, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15075/2024 & CM APPLs.63171-63172/2024
CHANDRA KALA RAI .....Petitioner
Through: Mr.Rajeev Lochan Mahunta,
Advocate with Mr.Pratyush Mishra
and Mr.Sahil S. Panwar, Advocates
versus
REGISTRAR OF COOPERATIVE SOCIETIES DELHI AND ORS.
.....Respondents
Through: Ms.Mehak Nakra, ASC with
Ms.Bhavya Nakra, Mr.Solonel,
Ms.Gunjan Suyal, Ms.Anjali Pandey
and Mr.Mayank, Advocates for R-1.
% Date of Decision: 25th October, 2024
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, CJ : (ORAL)
1. Present writ petition has been filed seeking a direction to respondent
no. 1/Registrar of Cooperative Societies to set aside the Election Results
dated 29th September, 2024 declared by the Respondent No. 2/Returning
Officer on the ground that the same are violative of Section 35 of the DCS
Act, 2003 read with Rule 53 of the DCS Rules, 2007 read with Schedule II
[4] and [6] of the Rules, 2007. The petitioner also seeks a declaration that
petitioner is the successful candidate/ candidate/winner for the post of
President of the new Managing Committee of respondent no. 3 society.
2. Learned counsel for the petitioner states that the petitioner was the
president of the outgoing Managing Committee of respondent no. 3 society.
He states that in view of the wrongs committed by the previous Managing
Committee, the outgoing Managing Committee issued Show Cause Notices
to the erring members and declared them as defaulter/debarred members
upon non-payment of dues/penalty pending towards the society.
3. He states that the respondent no. 2/ Returning Officer permitted the
defaulter and barred members to contest the elections and act as Proposer
and Seconder of other members, who have been elected as members of the
new Managing Committee on 29th September, 2024. He states that upon
declaration of the result, notice dated 30th September, 2024 was issued to the
Returning Officer. He states that in response, the Returning Officer stated
that the petitioner missed the opportunity to raise the objection on scrutiny
day. He however states that Returning Officer was obligated to scrutinize
the nominations forms to verify the eligibility/qualifications despite being in
possession of all the relevant material to make an informed decision. He
further states that two days prior to the elections and on the polling day,
objections were raised before the Returning Officer.
4. He states that the petitioner has issued a letter dated 30th September,
2024 to the Registrar of Cooperative Societies seeking his intervention but
no action has been taken so far.
5. Having heard learned counsel for the parties, this Court is of the view
that the petitioner has not availed the alternative statutory remedy of filing a
petition under Section 70 of the DCS Act. Consequently, the present writ
petition is dismissed with liberty to the petitioner to file the alternative
statutory remedy in accordance with law. The rights and contentions of all
the parties are left open.
MANMOHAN, CJ
TUSHAR RAO GEDELA, J
OCTOBER 25, 2024
yrj
