$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1836/2026 SH. VINOD KUMAR MITTAL AND ORS .....Petitioners Through: Mr. Rohit Kumar Modi, Adv.

versus REGISTRAR OF CO-OP. SOCIETIES AND ORS.....Respondents Through: Ms. Urvi Mohan, Adv.

Ms. Meenakshi Sharma, Section Officer & Mr. Sameer Shandilya, Sr Assistant Mr. D.S. Kundu, Adv. for the Society with Mr. V.K Rastogi, Administrator, R.O.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

O R D E R

% 09.02.2026

1. This hearing has been done through hybrid mode.

CM APPL. 8877/2026

2. Allowed, subject to all just exceptions. Accordingly, the application is disposed of.

W.P.(C) 1836/2026 & CM APPL. 8878/2026

3. The present petition has been filed by the Petitioners under Article 226 of the Constitution of India, inter alia, seeking issuance of an appropriate writ directing the Respondents to allow the Petitioners to contest the elections for the managing committee of Agroha Co-operative Group Housing Society Ltd., Plot No.1/1, Sector-13, Rohini, Delhi-110085 scheduled to be held on

15th February, 2026.

4. The elections of Agroha Co-operative Group Housing Society Ltd., Plot No.1/1, Sector-13, Rohini, Delhi-110085 (hereinafter, ‘Society’) is the subject matter of this case. The Registrar Cooperative Societies (hereinafter ‘RCS’) had appointed an Administrator-cum-Returning Officer (hereinafter, ‘Returning Officer’) namely, Mr. V.K. Rastogi, who had fixed the schedule of the elections as under:

5. Several nominations were filed in terms of the above schedule including that of the Petitioners i.e., Mr. Vinod Kumar Mittal, Ms. Anita Bansal and Ms. Manju Aggarwal. Further, three more candidates have been disqualified by the Returning Officer, however, they are not part of the present petition. The three Petitioners whose names have been set out above had filled the nominations for the post of Vice-President and for the post of women member of the managing committee. The details of the qualified and disqualified candidates is set out below:

6. The submission of Mr. Rohit Kumar Modi, ld. Counsel appearing for the Petitioners is that the ground of disqualification of the Petitioners is under Section 35(7)(d) of the Delhi Co-operative Societies Act, 2003 (hereinafter, ‘DCS Act’) i.e., that the audit report for the previous year was not completed within the time prescribed.

7. Ld. Counsel for the Petitioners submits that in the previous managing committee, the President and the Vice-President had not involved the Petitioners herein, who were members of the said committee in the everyday management of the affairs of the Society. In fact, ld. Counsel for the Petitioner submits that a complaint had been filed on 17th June, 2025 in respect of this issue with the RCS.

8. Ld. Counsel for the Petitioner further submits that in any event, the audit report has been filed and finalized by the erstwhile managing committee though delayed by a period of two months. Moreover, it is his submission that the scrutiny of nominations took place on 3rd February, 2026 and on the very same day, the disqualification of the Petitioners from contesting the elections has been announced by the Returning Officer by putting up a list.

9. It is pointed out by the ld. Counsel for the Petitioner that in effect, the disqualification has resulted in one of the candidates being elected unopposed for the post of Vice-President and in the reserved positions for women, instead of five candidates contesting, the number has been reduced to three, out of which two have to be elected. It is further his submission that prior to disqualification, notice was not issued to either of the candidates and this would be contrary to the decision in W.P.(C) 8300/2018 titled Ishwar Singh and Ors. v. The Registrar of Co-operative Societies and Ors. dated 17th January, 2019.

10. On behalf of the Society which is presently being represented by Mr. Kundu, ld. Counsel, it is submitted that the Returning Officer has given reasons for the disqualification i.e.,