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MANMOHAN, MINI PUSHKARNA
Deepak Goyal – Appellant
Versus
Chief Secretary Delhi – Respondent
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the orders dated 19th January, 2023 and 20th September, 2022 as being contrary to the Delhi Cooperative Societies Act, 2003 (`DCS Act'). Petitioners also seek a direction to Respondent No.4 to vacate the office of Respondent No.3 as well as a direction to Respondent No.2 to decide and dispose of finally the representations dated 06th February, 2023, 07th February, 2023, dated 15th February, 2023 and 05th March, 2023 by way of a speaking order in time bound manner.
2. In essence, petitioners seek a direction to the Respondents to discharge their statutory obligations cast under Section 35 read with Rule 53 of the DCS Act and Rules and hold elections to the Management Committee of Respondent No 3.
3. Learned counsel for the Registrar of Cooperative Societies states that a Returning Officer has issued a notice dated 16th July, 2022, which reads as under:
"Whereas the undersigned was appointed as Administrator cum Returning Officer of K.K. CGHS Ltd. vide order no.107280356/RCS/S-IV/2023/297 dated 18-5-23 by the Registrar Co-operative Societies for 90 days to look after the day to day affair of the society an
Satisfaction of primary relief sought through compliance with statutory obligations under the DCS Act influenced the court's decision to dispose of the petition.
Compliance with the provisions of the DCS Act and ensuring fair conduct of elections is crucial in the appointment of Returning Officers for Co-operative Societies.
Balancing democratic principles with the necessity for inquiry under the DCS Act.
Compliance with court orders and directives from competent authorities is essential for the resolution of disputes.
Constitutional Courts should exercise judicial restraint and refrain from interdicting or stalling an ongoing election process once a notification is issued. All grievances concerning procedural irre....
Courts are generally reluctant to exercise writ jurisdiction to stay ongoing election processes once the electoral schedule has significantly progressed, preserving the rights of parties to challenge....
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