Rajendra Khare v. The Financial Commissioner & ORS.

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13632/2025 & CM APPL. 55858/2025 RAJENDRA KHARE .....Petitioner Through:

Petitioner in person.

versus THE FINANCIAL COMMISSIONER & ORS.

.....Respondents Through:

Mr.

Sameer Vashisht, Standing Counsel (Civil) GNCTD.

Mr. Akshay Bhardwaj for R 2 & R-3.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 04.09.2025 CM APPL. 55859/2025 & CM APPL. 55860/2025 (Exemptions) 1.

Exemptions allowed, subject to all just exceptions. 2.

Accordingly, applications stand disposed of.

W.P.(C) 13632/2025 1.

Challenge has been made to an order dated 29th August 2025, whereby the Financial Commissioner vacated the stay earlier granted on elections vide order dated 12th August 2025.

2.

Petitioner in person, contends that unless the statutory audit, as mandated under the provisions of the Delhi Co-operative Societies Act, 2003 ('DCS Act') is completed, elections ought not to have been declared or held. It is further claimed that the reason given in the impugned order that election process has commenced by itself is erroneous, as it is submitted that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

process of election commences upon submission of nomination forms. Accordingly, it is urged that the impugned order runs contrary to the mandate under Sections 60 and 35(7)(d) of the DCS Act, 2003. 3.

Mr. Sameer Vashisht, learned Standing Counsel for respondent, submits that there is no statutory mandate which provides that without completing the statutory audit, elections cannot be held. Rightly so, the authorities proceeded to conduct election as the statutory period had come to an end, for which Administrator was appointed. He further submitted that the audit can be conducted and completed by the newly elected Managing Committee. It was also submitted that the Registrar of Co-operative Societies ('RCS') shall ensure completion of the audit within statutory period, by issuing appropriate instructions.

4.

Having considered the aforesaid submissions, we are of the view that there is no statutory embargo on respondent/authorities to conduct or order elections, once the period for which the earlier Managing Committee was elected has expired, resulting in appointment of an Administrator. 5.

The election programme is already declared.

6.

The said fact was within the knowledge of respondent/authority while vacating the interim order of stay. That being so, we see no reason to cause interference with the impugned order.

7.

However, in view of the submissions canvassed by petitioner-inperson, we accept the statement made by Mr. Sameer Vashisht, Standing Counsel that it will be ensured that RCS will issue instructions to the newly elected Managing Committee to complete the audit within a reasonable period.

8.

In that view of the matter, we deem it appropriate to dispose of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petition. Pending applications, if any, are rendered infructuous. 9.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J SEPTEMBER 4, 2025/ak/zb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.