The Chetak Cooperative Group Housing Society Ltd & ANR. v. Registrar Of Cooperative Societies & ORS.

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2291/2025 THE CHETAK COOPERATIVE GROUP HOUSING SOCIETY LTD. & ANR.

.....Petitioners Through:

Mr. Sandeep Kumar, Adv. for P-2.

(M:9810122554) versus REGISTRAR OF COOPERATIVE SOCIETIES & ORS.

....Respondents Through:

Ms.

Urvi Mohan, Adv.

for GNCTD/RCS.

Mr. Rohit K. Modi, Adv. for R-3.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 22.05.2025 1.

This hearing has been done through hybrid mode. CM APPL.31653/2025 (for exemption) in W.P.(C) 2291/2025 2.

Allowed, subject to all just exceptions. Application is disposed of. CM APPL.31652/2025 (for direction) in W.P.(C) 2291/2025 3.

The present application has been filed by the Petitioner No. 2- Pawan Chopra under Section 151 of the Code of Civil Procedure, 1908 seeking implementation of the order dated 10th March, 2025. The directions given in the said order are as under:

<a. The Administrator-cum-Returning Officer shall ensure that the election process and day to day affairs of the society are conducted strictly in accordance with the provisions of the Delhi Cooperative Societies Act, 2003, the Delhi Cooperative Societies Rules, 2007 and Model Bye-laws governing the affairs of the petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

society as well as the case laws mentioned hereinabove. b. The Administrator-cum-Returning Officer shall act in a fair, transparent and impartial manner in conducting the elections and managing day to day affairs of the petitioner society, in accordance with the law. c. The entire election process shall be concluded expeditiously, preferably within a period of six weeks, from the date of this order by ensuring that all the statutory compliances are met.= 4.

The Administrator is duly represented today and the ld. Counsel appearing on behalf of the Administrator submits that the requisite documents have not been provided by the Society, therefore, no steps have been taken to conduct the election.

5.

A perusal of the order would show that the election process was to be concluded expeditiously preferably within a period of six weeks. However, no steps appear to have been taken.

6.

In the opinion of this Court, the Registrar of Cooperative Societies (hereinafter, 8RCS9) needs to appoint a different Administrator as there seems to be a number of disputes between the current Administrator and the members of the Society.

7.

Accordingly, let the RCS appoint a new Administrator by 26th May, 2025. It is made clear that the Administrator shall conclude the elections by 15th July, 2025.

8.

There is a grievance by the current Administrator that all the records are not being handed over. Mr. Rakesh Kapoor, the present Administrator as also any of the earlier office bearers of the Society shall ensure that the control The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the records of the office of the Society shall now be handed over to the new Administrator, failing which stringent action shall be liable to be taken against the present Administrator as also the earlier office bearers. 9.

The key of the office of the society and entire record shall be handed over to the new Administrator by 31st May, 2025. 10.

The application is disposed of in these terms. PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MAY 22, 2025/dk/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.