High Court of DelhiW.P.(C)/4616/2026

Madhu Bajpai & ORS. v. Registrar Of Cooperative Socities & ANR.

2026-04-30Hon'Ble Ms. Justice Prathiba M. Singh,Hon'Ble Mr. Justice Madhu Jain3 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4616/2026 & CM APPL. 22523/2026 MADHU BAJPAI & ORS.

.....Petitioners Through:

Mr. Navin Kumar Singh and Mr.

Rahul Kumar, Advs.

versus REGISTRAR OF COOPERATIVE SOCIETIES & ANR.

.....Respondents Through:

Ms. Vaishali Gupta Adv., for Ms. Urvi Mohan, Advocate for GNCTD

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 30.04.2026 1.

This hearing has been done through hybrid mode. 2.

The challenge in this petition is to the communication dated 2nd March, 2026 (hereinafter, 'impugned letter') written by the Registrar of Cooperative Societies (hereinafter 'RCS') whereby the RCS has given an opinion that Mr. Yatinder Malhotra would be the Secretary of the Ministry of Works Housing and Supply Co-operative Housing Building Society Ltd. (hereinafter 'Society').

The issue that has arisen in the present case is that an election was held on 19th January, 2025 by which the following members were elected as the Managing Committee of the Society:

●Sujata Garg - (Directly elected President, Petitioner No.3, Now Exiled) ●Upendra Kalia (Petitioner No.4 Exiled Secretary) ●Hemant Narang (Petitioner No.6, Exiled Member) ●Arun Jain (Petitioner No. 5, Exiled Joint Secretary) The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

●Madhu Bajpai - (Petitioner No.1 Exiled Member) ●Rahul Sood - (Petitioner No.2 Exiled Member) ●Yatinder Malhotra ●Naresh Garg ●Dinesh Gupta ●Hari Dutt Sharma ●Kusum Bhalla 4.

Out of the above 11 members, there are two factions which have now been created. Six members i.e., Petitioner Nos. 1 to 6 on one hand and the other five members on the other hand. The said factions are now in complete opposing positions with each other which has led to communications being sent to the RCS and such opinions/advice being given by the RCS i.e., the impugned letter.

However, there is a doubt as to who is now the Secretary of the Society as there are certain resignations which are stated to have beeb accepted by the RCS.

On the last date of hearing, i.e., 8th April, 2026 notice was issued to the other five members. However, due to the non-filing of process fee, they have not been served.

Ld. Counsel for the Petitioner submits that both the factions can make their submissions before the RCS and the RCS can take a decision in this regard as after the elections, there are two groups which have now been created within the Society's Managing Committee. 8.

Bearing in mind the communication dated 2nd March, 2026 issued by the RCS, let the Petitioners i.e., Ms. Sujata Garg, Mr. Upendra Kalia, Mr. Hemant Narang, Mr. Arun Jain, Ms. Madhu Bajpai and Mr. Rahul Sood on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the one hand and Mr. Yatinder Malhotra, Mr. Naresh Garg, Mr. Dinesh Gupta, Mr. Hari Dutt Sharma and Ms. Kusum Bhalla on the other hand, who constitute the two groups, be heard by the RCS and a decision be given by the RCS as to who would constitute the Managing Committee of the Society. 9.

The RCS shall pass the said order within a period of two months i.e., by 30th June, 2026. It is made clear that the said order shall be a speaking order.

10.

In the final decision, the issue of Secretary shall also be gone into by the RCS.

11.

All rights and remedies of the parties are left open. 12.

Petition is disposed of in these terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J MADHU JAIN, J APRIL 30, 2026 Rahul/ck The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.