The central legal point established in the judgment is the importance of a complete and transparent electoral list for conducting fair and democratic elections in accordance with the DCS Act 2003 and DCS Rules 2007.

JUDGMENT

V. Kameswar Rao, J. (Oral)

CM APPL. 39829/2023 (for exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

W.P.(C) 10287/2023

1. This writ petition has been filed by the petitioner Bank along with Dr. Brijender Singh with the following prayers:

"It is therefore most respectfully prayed that this Hon'ble Court be pleased to:

a. Quash the letters dated 05.07.2023, Annxexure- HH, 17.07.2023 Annexure-KK and 21.06.2023 Annexure-LL.

b. Direct the Returning Officer respondent no. 2 to hold the election of the Petitioner No. 1/Bank - Delhi State Cooperative Bank Ltd. immediately.

c. Appoint an observer to oversee/supervise t he election.

d. Appoint a Joint Registrar or any other officer to hold the election of the bank.

e. Pass such other and further orders as this Hon'ble Court may deem fit proper in the facts and circumstances of this case."

2. We have heard the learned counsel for the parties. The issue which has been narrowed down is with regard to preparation of electoral list for holding election to the Management Committee of the petitioner No.1/Bank. We may note here that the order to hold election was passed by this Court in W.P.(C) 1072/2023 on February 28, 2023 and on April 27, 2023, respectively. Both the orders read as under:

""CM APPL. 9721/2023"

This is an interlocutory Application preferred under Section 151 of the CPC.

The facts of the case reveal that the term of the Petitioner Society was valid up to 04.02.2023 and the Society started requesting the authorities to hold elections, way back in October 2022.

The aforesaid fact is not disputed. The request made on 17.10.2022, was followed by various reminders and finally Returning Officer was appointed in the matter to hold the elections. As the term was valid up to 04.02.2023, the request was accepted by the Respondents and Returning Officer was appointed on 02.02.2023 and for reasons best known, the Returning Officer resigned on 24.02.2023.

In the present Application, the Petitioners have made a prayer for issuance of directions to Respondents to immediately appoint a new Returning Officer so that the process of election is concluded. The Prayer is certainly a genuine prayer, therefore, the Respondents are directed to appoint a new Returning Officer positively within one week.

Learned Senior Counsel for the Petitioner has drawn the attention of this Court towards a judgement delivered in the case of Jamia Cooperative Bank Ltd. Vs. Govt. of NCT and Anr. in W.P.(C) No. 12817/2019 and Paragraphs 19 and 20 of the aforesaid judgement reads as under:

"19. Consequently, the impugned order to the extent that it appoints Mr. Krishnan not just as an RO to conduct the elections to the new committee, but also as an Administrator of the Petitioner society is bad in law and that part of the impugned order appointing him as Administrator is accordingly set aside. He will, of course, continue as the RO for the purpose of conduct of elections to the Managing Committee/Board of Directors of the Petitioner.

20. The next question that arises is what should happen in the interregnum i.e. after the expiry of the term of the earlier Managing Committee and the election of the new one in terms of the election schedule to be drawn up by Mr. Krishnan as an RO of the Petitioner society? Although there is no clear cut answer either in the DCS Act or the Rules in Delhi, the course that commends itself to be adopted in the present case would be to require the present committee to continue as a `caretaker committee., till such time the new committee is in place, with the added condition that the present committee shall not take any major policy decision or transfer/utilise any funds of the committee, except to the extent necessary for the for the day- today administration, including payment of salaries of the staff and other normal banking activity. The copies of the decisions taken by the committee will be open for inspection by the Registrar. Mr. Krishnan, the RO will