IN THE HIGH COURT OF DELHI AT NEW DELHI
YOGESH KUMAR & ORS. VS. THE MUNICIPAL CORPORATION OF DELHI & ANR.
W.P.(C) 2016/2026
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2016/2026 & CMAPPL.9901/2026,CM APPL.9902/2026 RAJNI KUKREJA .....Petitioner Through: Ms. Mahima Dang, Adv.
versus REGISTRAR- DELHI COOPERATIVE SOCIETIES & ORS.
.....Respondents Through: Ms. Vaishali Gupta & Ms. Urvi Mohan, Advocates.
Mr. Tushar Sannu & Mr. Fajallu Rehman, Advs. for GNCTD.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN
O R D E R
% 12.02.2026
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226 and 227 of the Constitution of India, inter alia, for setting aside of impugned order/communication dated 14th January, 2026 vide which the membership of the Petitioner in Dera Ismail Khan Cooperative House Building Society Ltd.
has been cancelled/rejected.
3. The present petition relates to Dera Ismail Khan Cooperative House Building Society Ltd. (hereinafter, ‘Society’). While deciding a batch of matters pertaining to the same Society, this Court had passed various directions in W.P.(C) 11548/2024 titled Gopi Chand Bhatia and Ors v.
Registrar of Delhi Cooperative Societies and Ors.
4. The Petitioner is similarly placed to three other writ Petitioners in W.P.(C) 11548/2024 whose representations were decided by the Registrar Cooperative Societies (hereinafter ‘RCS’). The relevant portion of the order dated 9th February, 2026 in W.P.(C) 11548/2024 is set out below:
“11. In so far as issue no. (ii), (iii) (iv) are concerned, there is a Local Commissioner’s Report of 1983 (hereinafter, ‘the 1983 LC Report’) which has been filed in W.P(C) 1777/1983.The same is also annexed in W.P(C)14528/2023. A perusal of the 1983 LC report shows that two local Commissioners were appointed by the Court to prepare the membership list. Insofar as the 1983 LC report is concerned, the following directions are issued:
(i) The members who have been validly held tobemembersinthe1983LCreport,neednot be re-examined by the RCS.
(ii) Insofar as the other members who are not part of the list are concerned, they shall appear before the RCS. The Administrator shall also appear along with all the requisite documents before the RCS. Any erstwhile member of the Managing Committee of the Society, who may be aware of the facts are also permitted to appear before the RCS.
(iii)The RCS shall review the list and also examine persons who are staking claim as members. This shall include all the members in respect of whom various judgements have been passed by this Court, including the judgement in Panchshila Co-operative House Building Society v. Govt. of NCT Delhi 2009 SCC Online Del 2919.
(iv) Ms. Reetu Mongia, ld. Counsel, whose father is stated to have been engaged on behalf of the ‘left-out’ members previously, is permitted to appear before the RCS and handover any records and make submissions before the RCS.
(v) The complainants shall also be permitted to be heard by the RCS.
12. It is made clear that, insofar as the ‘left-out’
members are concerned, the 1983 LC report shall be taken as the basis for examination by the RCS. The complete list of 120 ‘left-out’ members and their exact status after verification shall be placed before the Court by the RCS.
13. InsofarastheAdministratorisconcerned,the following directions are issued:
(i) All the erstwhile members of the Managing Committee of the Society, or any other members including ‘left-out’ members, who have any relevant records, shall furnish the same to the Administrator.
(ii) The concerned official of the RCS shall ensure that certain space is allocated to the Administrator for an office and that an electricity connection, along with other basic facilities, is provided thereto. The Administrator shall make efforts to collect all the relevant records from the members as also previous office bearers of the Managing Committee and also assist the RCS in the process of deciding the membership issues.
(iii)Any member of the erstwhile Managing Committee of the Society, who is in possession of the recor
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.