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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Manmeet Pritam Singh Arora, JJ.
Maa Jhandewali Co-operative Urban Thrift And Credit Society Through Its Secretary - Appellant
Versus
The Registrar of Cooperative Societies - Respondent
W.P.(C) 1699 of 2024 and CM APPL. 7001 of 2024
Decided On : 06-02-2024
Co-operative Societies Act - Appointment of Returning Officer - The court set aside the order appointing the Returning Officer and appointed an Observer to oversee the election, emphasizing the need for compliance with the provisions of the DCS Act and ensuring fair conduct of the election.
Fact of the Case:
The petition challenged the appointment of a Returning Officer for conducting the elections of the Managing Committee of the Petitioner-Society under the DCS Act. The petitioner argued that the appointment was made without proper jurisdiction and requested the court's intervention.
Finding of the Court:
The court set aside the impugned order and appointed an Observer to oversee the election, emphasizing the need for compliance with the provisions of the DCS Act and ensuring fair conduct of the election.
Issues: The key issue was the jurisdiction of the Respondent No. 1 to appoint the Returning Officer for the election of the Managing Committee of the Petitioner-Society under the DCS Act.
Ratio Decidendi: The court emphasized the importance of compliance with the provisions of the DCS Act, particularly regarding the appointment of the Returning Officer, and the need to ensure fair conduct of the election.
Final Decision: The court set aside the impugned order and appointed an Observer to oversee the election, with specific directions for the Observer's role and reporting requirements.
JUDGMENT
Manmohan, A.C.J. (Oral) - Present writ petition has been filed challenging the order dated 01st February, 2024 passed by the Respondent No. 1 under Section 35(1) of the Delhi Co-operative Societies Act, 2003("DCS Act") whereby Shri Bajrang Lal, DANICS (Retd.) has been appointed as the Returning Officer for conducting the elections of the Managing Committee of the Petitioner-Society, in view of complaints received from the members of the Petitioner-Society.
2. Learned counsel for the Petitioner states that on 12th December, 2023, a resolution was passed by the Petitioner-Society for conducting elections for the Managing Committee for the period 2024-2027, and on 18th December, 2023, Mr. Rajender Kumar was appointed as the Returning Officer for conducting the said elections. He further states that the process of conducting the elections of the Managing Committee of the Petitioner-Society had started on 28th December, 2023, when the Returning Officer sent information to the Authorities for conducting the elections. He states that once such process had started, the Respondent No. 1 had no jurisdiction to interfere or obstruct the same, or pass any order regarding the elections.
3. He submits that as per the first proviso to Section 35(1) of the DCS Act, the Registrar is empowered to appoint the Returning Officer to conduct the elections of a society, only on the request of the committee or one-sixth members of the society. He points out that while the order dated 01st February, 2024 acknowledges that the said decision to appoint the Returning Officer was taken pursuant to complaints received from the members of the Petitioner-Society; however, it does not clarify whether one-sixth members of the Petitioner-Society had requested for such an appointment.
4. Issue notice. Mr. Udit Malik, learned Additional Standing Counsel, GNCTD accepts notice. He states that he has no instructions.
5. Keeping in view the aforesaid submissions as well as the fact that the election is scheduled to be held on 18th February, 2024, this Court sets aside the impugned order dated 01st February, 2024 and appoints Mr. Javed Khan, Mobile No.9667077344 as an Observer to the said election. The Observer shall not only be present during the time the members vote but he shall also file his report with the Registry of this Court within two weeks. The fee of the Observer is fixed at Rs.25,000/- to be paid by the Petitioner Society.
6. With the aforesaid directions, the present writ petition stands disposed of. Pending application is disposed of.
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.
Satisfaction of primary relief sought through compliance with statutory obligations under the DCS Act influenced the court's decision to dispose of the petition.
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....
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....
Compliance with court orders and directives from competent authorities is essential for the resolution of disputes.
A person empanelled as an auditor and Returning Officer, but not appointed as an auditor of the society, is not disqualified under Rule 76-B of the Maharashtra Co-operative Societies (Election to Com....
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