Full Text
HIGH COURT OF DELHI
Date of Decision: 16th February, 2026
34579/2025 SHREE BHAGWAN BHARDWAJ & ANR. .....Petitioners
Through: None.
Through: Ms Arunima Dwivedi CGSC with Ms. Himanshi Singh and Ms. Monalisha Pradhan, Advs. for UOI (M:
9810916547)
Sh. Kunal Manav & Mr. Anupam Bhati and Mr. Yatender Bhardwaj, Advocates for R-2 (M: 8802028959).
Mr. Anunaya Mehta, Ms. Anandita Tayal and Mr. Vidhan Malik, Advocates for R-3.
JUDGMENT
1. This hearing has been through hybrid mode.
2. The present petition has been filed by two members of the Revanta Multi-State CGHS Ltd. (hereinafter “Society”), which is a Multi-State Cooperative Group Housing Society.
3. The challenge in this petition, inter alia, is to the order dated 6th March, 2025 passed by the Respondent No. 1 - Central Registrar of Cooperative Societies (hereinafter “RCS”). The said order reads as under:- “(Under sub-section (2) of Section 40 of the Multi-State Cooperative Societies Act, 2002) Whereas, Revanta Multi-State Group Housing Society Ltd., KH No. 16/14, 17/2, Major Bhola Ram Enclave, Pochanpur, Sector-23, New Delhi (hereinafter referred as Society) is a Multi-State Cooperative Society registered under the provisions of Multi- State Cooperative Societies (MSCS) Act, 2002 and Rules framed thereunder.
2. Vide letter dated 17.09.2024, Association of Revanta Members submitted a request duly signed by 1218 members of the Society along with their membership ID informing that the board of the Revanta Multi-State Group Housing Society Ltd. failed to convene the annual general meeting and requested this authority to call Special General Body Meeting of the Society.
3. Vide letter dated 01.11.2024 and subsequent reminders, the Registrar of Cooperative Societies, Govt. NCT of Delhi was requested to provide name of a suitable Officer of their Office, who could be authorised to call Special General Meeting of general body of the Society. In response, the Registrar of Cooperative Societies Govt. of NCT of Delhi vide letter dated 27.02.2025 has recommended the name of Shri Rajiv Chhabra, Assistant Registrar of his Office for this purpose.
4. Now, therefore, after careful consideration of the facts, I, Rabindra Kumar Agarwal Central Registrar of Cooperative Societies, in exercise of the power conferred under Section 40(2) of the MSCS Act, 2002 hereby authorised Shri Rajiv Chhabra, Assistant Govt. of NCT of Delhi for calling Special General Meeting of general body of Revanta Multi-State Group Housing Society Ltd., KH No. 16/14, 17/2, Major Bhola Ram Enclave, Pochanpur, Sector-23, New Delhi as per the provisions of MSCS Act, 2002 and rules framed thereunder.
5. The expenditure incurred in calling above meeting shall be paid out of the funds of the Society.” As per the above order, a request is stated to have been made vide letter dated 17th September 2024, by 1218 members raising a grievance that the AGM was not called and therefore the RCS ought to call for a Special General Body Meeting. On the basis of the said request, the RCS authorised Shri Rajiv Chhabra, Assistant Registrar to call the Special General Meeting of the General Body of the Society.
4. The case of the Petitioners, as per ld. Counsel for the Petitioner, was that the basis of the above order is an alleged request signed by 1218 members of the Society. The said request was, according to the Petitioners, a fraudulent request as the signatures of the members were forged and an FIR bearing FIR No. 0101/24 was registered at Police Station Dwarka South on 18th March,
2024. Reliance is placed upon the contents of the said FIR to argue that in order to prejudice the inquiry in the said FIR, the RCS has been approached for holding of General Body Meeting (hereinafter “GBM”). The allegation in the FIR is set out below: “.........Subsequently. it has transpired that the Association has been registered as Association of REVENTA MEMBERS and the Memorandum of Association consists of the names of members different from the names originally proposed. Even the signatures of the President. Vice-president. General Secretary and Joint Secretary are entirely different from their original signatures and have been apparently forged......”
5. The stand of the Society was that the GBM was announced, owing to the request of the members, by the Officer-in-Charge who himself is an forged and fraudulent request was challenged before this Court, in the present writ petition. Accordingly, the prayers in the present petition, inter alia, were for setting aside the impugned order dated 6th March, 2025 authorising the Society, and restraining the respondents from conducting the said meeting.
6. On 29th April 2025, after considering the submissions on behalf of the various parties, this Court observed as under:-
7. On 10th July, 2025, the Court had considered the status report of the RCS dated 8th July, 2025. In terms of the said report, it was stated that the Annual General Meetings for Financial Years 2022-23 and 2023-24 were held in terms of the provisions of the Multi-Stated Co-operative Societies Act, 2002, however, the mandatory annual returns had not been filed by the Society. The extract of the said report is set out below:-
8. After perusing the said report the Court observed as under vide order dated 10th July, 2025:-
9. Further, on the said date the President of the Society was also present and this Court was of the clear opinion, from the report of the RCS and after hearing the parties, that the Society was not functioning properly.
10. The Assistant Registrar, Mr. Rajiv Chhabra, was then directed to call for a combined meeting which would be labelled as either an SGBM or AGM. The date and schedule for the same was fixed and the following directions were issued:
11. Further to the order dated 10th July 2025, an SGBM notice dated 8th August 2025 was issued by the Assistant Registrar for the purpose of verifying all the documents and for various other agenda items. One of the agenda items was also in respect of a no confidence motion against the management of the Society at the relevant time. The SGBM was fixed for 24th August, 2025 from 10 AM onwards..
12. The agenda for the no confidence motion reads as under: “AGENDA NO. 2: TO PASS NO CONFIDENCE MOTION (NCM)
AGAINST THE PRESENT MANAGEMENT OF REVANTA MULTI STATE COOPERATIVE GROUP HOUSING SOCIETY LTD.
BY WAY OF VOTING.”
13. The members discussed the above agenda and out of the total members who were present i.e., 946 members only 896 had casted votes in respect of this agenda. As per the minutes of the meeting dated 24th August, 2025, 887 members out of 896 voted in favour of the no confidence motion which is 93.76%. Thus, the Managing Committee of the Society was forced to step down.
14. Thereafter, in terms of the resolution dated 24th August, 2025 above, an ad-hoc committee was formed consisting of 7 members. The relevant agenda and the resolution thereto are extracted hereunder: “AGENDA NO. 6: TO DECLARE AND APPROVE THE RECOMMENDATION FOR FORMATION OF AN AD-HOC COMMITTEE TO RUN THE SOCIETY OFFICE & REPRESENT OTHER MATTERS, TILL THE FRESH ELECTION FOR NEW MANAGEMENT IS HELD. Since the management has been dissolved, it was proposed by Dr. S.K. Arela - President ARM to form an Ad-Hoc committee with the authority of execution all affairs of the Society till the next election are held. The proposal was discussed and considered for implementation. The following names were selected from the list of aspirant volunteers for the 7-Members' Ad-hoc committee:
1) Dr. Parneeta Joon – L Zone
2) Capt. Mahendra Singh – L Zone
3) Satya Prakash Yadav – K Zone
4) Ashok Agarwal – K Zone
5) Ajay Sagar – P[2] Zone
6) Mrs. Meenakshi – P[2] Zone
7) Pushpraj Kushwah – L Zone The House discussed and approved the proposal unanimously by show of hands to approve the names of the Ad-hoc committee. Resolution No.5: “RESOLVED THAT the ad-hoc Committee be authorized with all powers akin the Management, to execute all affairs of the Society till the next election””
15. The said ad-hoc committee has now announced elections for the Managing Committee of the Society by Notification dated 11th February 2026, which was issued by the Returning Officer.
16. The election program and the schedule of the elections notified by the Returning Officer has been handed across and the same is taken on record. The schedule would show that the election process has commenced with effect from today i.e., 16th February, 2026 and a detailed schedule has been set up for finalisation of the list, for filing of nominations and for conduct of the elections. The same is also set out below:-
17. Considering that the elections for the new Management Committee for the Society have now been announced, the prayers in this petition are now infructuous.
18. None is, in fact, even appearing for the Petitioners today.
19. It is directed that the elections shall now be conducted by the returning officer without any impediment and with cooperation from the ad-hoc committee.
20. The elections shall proceed in accordance with law. No further orders are called for in this petition.
21. The petition is disposed of with all pending applications in the above terms.
PRATHIBA M. SINGH JUDGE MADHU JAIN JUDGE FEBRUARY 16, 2026 MR/msh