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MANMOHAN, MANMEET PRITAM SINGH ARORA
Maa Jhandewali Co-operative Urban Thrift And Credit Society Through Its Secretary – Appellant
Versus
Registrar of Cooperative Societies – Respondent
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.
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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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