Dinesh Kumar Sharma & Anr. v. The Registrar of Co-operative Societies & Ors.

Delhi High Court · 30 Jul 2024 · 2024:DHC:5630-DB
Acting Chief Justice Manmohan; Tushar Rao Gedela
W.P.(C) 15695/2022
2024:DHC:5630-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed that only verified members as of a fixed date shall vote in cooperative bank elections, barred fresh member induction during elections, and mandated preservation of election records pending dispute resolution.

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W.P.(C) 15695/2022
HIGH COURT OF DELHI
W.P.(C) 15695/2022, CM APPL. 39355/2023 & CM APPL. 13472/2024
DINESH KUMAR SHARMA & ANR. ...Petitioner
Through: Mr A.K. Singla, Sr. Advocate
WITH
Mr. Akshit Sachdeva, Advocate.
VERSUS
THE REGISTRAR OF CO-OPERATIVE SOCIETIES & ORS. ...Respondent
Through: Mr. Sameer Vashisht, ASC, GNCTD,
WITH
Mr. Vanshay Kaul, Mr. Arjun Gupta, Advocates for R-1.
Mr. Vivek Kumar Tandon, Ms. Prerna Tandon and Ms. Mamta Tandon, Advocates for R-2.
Mr. Mohit Rana, Advocate for R-2.
Mr. J.P. Sengh, Senior Advocate
WITH
Mr. Anil Kumar, Advocate for
R-3, 4, 9, 10 and 12.
Date of Decision: 30th July, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ: (ORAL)

1. With the consent of learned senior counsel appearing for the parties, as well as Mr. Vivek Kumar Tandon, learned counsel appearing for respondent No.2/Bank, the following order/ directions are passed:- W.P.(C) 15695/2022 a) Vide letter dated 27th June, 2024, the respondent No.2/Delhi Nagrik Sehkari Bank Ltd. requested respondent No.1/RCS to appoint a Returning Officer for holding elections. The respondent no.2 has indicated that as on 30th June, 2024, it has 18702 verified members. It has been mutually agreed by the parties that only 18702 members would be permitted to cast their votes in the impending elections. b) No fresh members other than 18702 members shall be inducted till the impending election process is over. c) That the records of the impending elections shall be preserved by the Respondent no.1/RCS till the disposal of election disputes, if any such disputes are filed.

2. The letter dated 27th June, 2024, is taken on record.

3. In terms of the aforesaid directions, the present writ petition along with pending application is disposed of, binding the parties to the consent conveyed by the learned counsel for the parties.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J JULY 30, 2024