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2025 Supreme(Online)(Del) 5756
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Rajneesh Kumar Gupta, JJ
ANKIT SAXENA – Appellant
Versus
ROOPVILLA CO-OPERATIVE GROUP HOUSING SOCIETY LTD AND ANR – Respondent
W.P.(C) 10078/2025
For the Appellants/Petitioners: Mr. Anil Mittal
For the Respondents: Ms. Urvi Mohan, Mr. Sameer Shandilya
The court affirmed that expulsion from a society requires specific, substantiated allegations, adhering to principles of natural justice.
Headnote:(A) Constitution of India - Articles 226 and 227 - Petition challenging expulsion from a co-operative society - The court held the expulsion was not justified as no specific illegal act was proven against the petitioner, thus upholding principles of natural justice and requiring proof of allegations. (Paras 5, 10, 12)
(B) Expulsion of Members - A member can only be expelled on specific grounds cited in Section 86 of DCS Act - The society's claims lacked evidence to justify the grave charges required for expulsion. (Paras 5, 10)
Facts of the case:
The petitioner was expelled from membership due to allegations of collusion; however, the Society failed to provide substantial proof against him. (Paras 3, 5)
Findings of Court:
The court recalled the expulsion order, emphasizing the necessity of legitimate proof before expelling a member from the co-operative society. (Paras 5, 10, 12)
Issues: The main issue was whether the petitioner had any role in the relevant illegal acts that warranted expulsion and whether the society's accusations were substantiated. (Paras 10, 11)
Ratio Decidendi: The court ruled that mere allegations without sufficient evidence against the petitioner do not warrant expulsion; the society overstepped by assuming the role of an investigator without judicial backing. (Paras 6, 10)
Result: Writ petition disposed of, remanding the matter back to RCS for a decision.
| Table of Content |
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| 1. expulsion requires substantiated allegations. (Para 3 , 5) |
JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner- Ankit Saxena under Articles 226 and 227 of the Constitution of India, inter alia, assailing the order dated 28th March, 2023 in Case No. 54/2016 passed by the Financial Commissioner (hereinafter, ‘impugned order’).
3. The brief background is that the Petitioner was inducted as a member of the Roopvilla Co-operative Group Housing Society Ltd. (hereinafter, ‘Society’) since 2006. There were certain allegations against the then President, Mr. V.K. Gupta of having recorded certain false minutes of the General Body Meeting (hereinafter, ‘GBM’). It was alleged that the Petitioner was cooperating with Mr. V.K.Gupta, which led to issuance of the following Show Cause Notices (hereinafter, ‘SCNs’) dated 16th February, 2011, 11th Signature Not Verified Digitally Signed W.P.(C) 10078/2025 Page 1 of 7 July, 2011, 1st August, 2011 and the final SCN on 11th November, 2011. Finally, the Society expelled the Petitioner from the membership of the Society.
4. The expulsion order was forwarded by the Society to the Registrar Cooperative Societies (hereinafter, ‘RCS’). The said Registrar rejected the expulsion order which was challenged by way of a writ petition being W.P.(C) 5965/2012 titled ‘Roopvilla Cooperative GH Society Ltd v. Lt. Governor , Delhi And Ors’. The Court in the said case had remanded the matter back vide order dated 21st August, 2012 for being decided afresh. The Petitioner’s grievance is that there was no allegation against him and the main allegation was only against Mr. V.K. Gupta. The RCS however approved expulsion of the Petitioner on 30th August, 2013. The operative portion of the said order reads as under:-
“In view of the discussion made above, 1 find no reasons to interfere with the proposal of the society as there were sufficient grounds available with the society to proceed against the said members under Section 86 of the DCS Act and respondents(affected parties) have failed to rebut the charges levelled against them in the Show Cause Notice and later during further proceedings. In the facts and circumstances of the case, the proposal of the Society for expulsion of Sh. Vinod Kumar Gupta (Membership No. 1) and Sh. Ankit Saxena (Membership No. _282) from the membership of the society is accepted.
I, therefore, approve expulsion of Sh. Vinod Kumar Gupta (Membership No. 1) and Sh. Ankit Saxena (Membership No. 282) from the membership of Roop Villa CGHS Ltd., under Rule 99 of the DCS Rules, 2007.”
5. A review was preferred in respect of said order which then led to Signature Not Verified Digitally Signed W.P.(C) 10078/2025 Page 2 of 7 passing of the order dated 16th December, 2015 by the RCS. The operative portion of the said order reads as under:-
“I have carefully considered the averments of the parties and have also gone through the order dated 30.8.2013. The Ld pre-decessor in the order dated 30.8.2013 have incorporated the minutes of the MC of the society by virtue of which the applicant was expelled from the membership of the society. A perusal of the said minutes indicates that the centre point was Mr.Vinod Kumar Gupta. All allegations have been leveled against Sh.Vinod Kumar Gupta with regard to unauthorized issuance of advertisement and then filling up the vacancies, forging documents of society and issuing share certificates. The minutes also records the prosecution of Sh. Vinod Kumar Gupta and falsification of minutes of GBM and misusing them. The minutes merely records that he in collusion with other three members including the applicant illegally used the minutes to change the signatory of the society bank account. There is no other direct allegation against the applicant except showing him in collusion with Sh. Vinod Kumar Gupta. What was the collu
