Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, Anoop Kumar Mendiratta, JJ.
Naresh Kumar – Appellant
Versus
Govt. of NCT of Delhi & Ors. – Respondents
W.P.(C) 10680 of 2023 & CM APPLs. 41419 of 2023 & 41420 of 2023
Decided On : 11-08-2023
Exemption - Writ Petition - The court disposed of the petition after the respondent was directed to comply with the order dated June 20, 2023, to include the petitioner's name in the members list of the society.
Fact of the Case:
The petitioner filed a writ petition seeking implementation of an order passed by the Delhi Co-operative Tribunal and to allow the petitioner to take part in the election and cast his vote.
Finding of the Court:
The court disposed of the petition after the respondent was directed to comply with the order dated June 20, 2023, to include the petitioner's name in the members list of the society.
Issues: Compliance with the order of the Delhi Co-operative Tribunal, inclusion of petitioner's name in the members list of the society.
Ratio Decidendi: The court's decision was influenced by the communication from the Assistant Registrar directing compliance with the order dated June 20, 2023, and the respondent's assurance of ensuring compliance.
Final Decision: The petition was disposed of in view of the respondent's commitment to comply with the order dated June 20, 2023.
V. Kameswar Rao (Oral)
CM APPL. 41419/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 10680/2023 & CM APPL. 41420/2023
1. This petition has been filed by the petitioner with the following prayers:
"a. Pass a writ, order or direction in the nature of mandamus for implementation of order dated 20.06.2023 passed by the Delhi Co-operative Tribunal in appeal no. 054/2022;
b. Pass a writ, order or direction in the nature of mandamus directing the respondent no. 2 & 3 to implement the order dated 20.06.2023;
c. Or may pass an order to allow the petitioner to take part in the election and cast his vote."
2. Mr. Satyakam, who appears for the respondents no. 1 & 2 has placed before us a communication dated August 09, 2023 of the Assistant Registrar in the office of Registrar of Cooperative Societies addressed to the respondent no. 3, wherein the following has been stated:
"OFFICE OF THE REGISTRAR CO-OPERATIVE SOCIETIES
GOVT. OF NCT OF DELHI
OLD COURT BUILDING, PARLIAMENT STREET, NEW DELHI- 110001
F.NO. 107583168/RCS/S-IV/2023/
Dated:
To,
The President/Secretary,
Munirka CGHS Ltd.,
Flat No. 11, Sector 9,
Dwarka, New Delhi-110077
Sub: Regarding order of Hon'ble DCT in Appeal No. 054/2022/DCT (from Arb Case No. 28./GH/DR/ARB/2020-21) in the matter of Munirka CGHS Ltd. & Ors. Vs. Naresh Kumar.
Sir,
Please find enclosed herewith the copy of representation dated 01.08.2023 received from Sh. Naresh Kumar (MS No. 314), Munirka CGHC Ltd. requesting to change the Returning Officer as he is not being allowed to contest the society elections. Sh. Naresh Kumar has also enclosed copy of DCT order dated 20.06.2023 wherein the Ld. DCT has inter alia held that Sh. Naresh Kumar had been a valid member of the society since 11.08.2019.
Hence, you are hereby directed to comply the order dated 20.06.2023 passed by Ld. DCT in letter and spirit by including his name in the members list of the society.
This issues with the prior approval of Competent Authority."
3. According to Mr. Satyakam, the respondent no. 2 has clearly written to the respondent no. 3 to ensure compliance of the order dated June 20, 2023, including the name of the petitioner in the members list of the society. He also states, the RCS shall ensure compliance of the same.
4. In view of the submission made by Mr. Satyakam, the petition is disposed of.
Compliance with court orders and directives from competent authorities is essential for the resolution of disputes.
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....
Satisfaction of primary relief sought through compliance with statutory obligations under the DCS Act influenced the court's decision to dispose of the petition.
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....
The court established that adherence to the procedural requirements for finalizing the voter list is essential for conducting valid elections under the AP Co-operative Societies Act.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
