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HIGH COURT OF DELHI
Date of Decision: 10th July, 2026
DR. DIVYA SHARMA .....Petitioner
Through: Mr. Akash Gupta, Mr. Shashank Verma, Mr. Sanjeev Tomar and Mr. Raman Kumar, Advs.
& ORS. .....Respondents
Through: Mr Shashi Pratap Singh and Ms Shagun Sabharwal, Advs. for RCS.
Mr. Raghavendra Pratap Singh and Mr. Akshat Kashyap, Advs. for R-3 &
6 along with Administrator in person.
Prathiba M. Singh, J. (Oral)
JUDGMENT
1. This hearing has been done through hybrid mode. CM APPL. 42333/2026 (exemption)
2. Allowed, subject to just exceptions.
3. The application is disposed of.
4. The present writ petition has been filed in respect of the elections in the Hans Bhawan Friends C.G.H.S. Ltd. (hereinafter, ‘the Society’), which are now scheduled via an Election Agenda notice issued on 2nd July, 2026.
5. The grievance of the Petitioner in this case is that the election process for the Managing Committee of the Society was initiated in March, 2025 and the scrutiny of nominations was also done by Shri Chander Veer, Administrator-cum-Returning Officer (hereinafter ‘ARO’).
6. The final list of contesting candidates was also published and at the last minute, i.e., on 26th April, 2025, due to some medical exigency in the family of the ARO, the election was cancelled.
7. The said ARO thereafter resigned from the position and the Registrar, Delhi Co-operative Societies (hereinafter ‘RCS’) appointed Shri Mahendar Pratap Singh as the new ARO. Since then, the ARO has taken steps towards conducting the elections and has finally issued the Election Agenda Notice dated 2nd July, 2026. As per the new Election Agenda, the election schedule is as under: S.NO.
PROGRAMME DATE TIMING VENUE
1. Issue of Nomination forms (free of Cost) by the office 09/07/2026 10.00 AM to
12.00 PM Office of the Society
12.00 PM -Do-
02.00 PM Meeting HALL 8 BREAK -do- 02.30 PM to
03.00 PM
9 Counting of Votes, followed by declaration of result -do- 03.00 PM or half an hour after close of poling, whichever is later.
8. Ld. Counsel for the Petitioner submits that the process of Nomination etc., was completed in the earlier elections and only the elections were to be held, which was cancelled – thus, the present ARO ought to merely hold the elections on the basis of the nominations and election records of the earlier ARO.
9. This is opposed by ld. Counsel for the RCS on the ground that there is sufficient time gap between the date of elections fixed by the previous ARO and the new scheduled date for the election. The Delhi Co-operative Societies Act, 2003 (hereinafter ‘Act’) and the Rules framed thereunder prescribe specific time limits for conduct of elections. Hence, the records and schedule has been rightly prepared afresh by the present ARO.
10. The Court has considered the matter. If there was any medical exigency in the family of the earlier ARO due to which he had cancelled the elections in 2025, a long time of more than 15 months has since elapsed and the earlier nominations, etc. cannot be now considered straightaway, because that would be contrary to the provisions of the Act and the Rules framed thereunder.
11. The new ARO has now issued a fresh Election Agenda for elections and is currently accepting the nomination forms from 9th July, 2026 tomorrow being the last date for filing nominations. The election process having already started, this Court is not inclined to interdict or stop the election process at this stage.
12. There are certain objections, which are being raised by ld. Counsel for the Petitioner in respect of the ineligible members or persons having duplicate membership, being permitted to vote.
13. These objections shall be raised before the ARO and shall be considered by him in accordance with law.
14. The petition is disposed of in the above terms. Pending applications, if any, are also disposed of.
PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE JULY 10, 2026/aj/ss