$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30^th March, 2026.

Uploaded on: 1^st April, 2026.

+ W.P.(C) 3956/2026 & CM APPL. 19306/2026 KRISHI PRAGATI COOPERATIVE LTD. .....Petitioner Through: Mr. Neeraj Malhotra, Sr. Adv., Mr.

Bharadwaj S. Iyengar, Mr. Ashwin Kumar Nair, Mr. Porash Kumar and Mr. Nimish Kumar, Advocates (M:

9871900105).

versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ripudaman Bhardwaj CGSC with Ms. Aparna, Advocate for UOI (M:

8178303621).

Mr. Rohan Tripathi, GP.

Mr. Manu Padalia Adv. with Mr. Bhanu Sanoriya Adv. for Respondent no. 4.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner under Articles 226 and 227 of the Constitution of India, inter alia, assailing the impugned order dated 19^th January, 2026 bearing File No.R-11017/39/2020-L&M issued by the Office of Central Registrar of Cooperative Societies, Ministry of Cooperation.

3. Vide the impugned order, an Administrator has been appointed to manage the affairs of Respondent No.4-National Cooperative Union of India (hereinafter, ‘NCUI’). The Petitioner is one of the members of the NCUI.

4. On the previous date i.e., 27th March, 2026 notice was issued in the present matter. Mr Ripudaman Bharwaj, ld Standing Counsel accepted notice on behalf of Respondent No.1 and 2 and notice was also issued to the remaining Respondents. Mr. Ripudaman Bhardwaj, ld. Standing Counsel for Registrar Co-operative Societies (hereinafter, ‘RCS’) was to seek instructions in the matter.

5. Today, Mr. Ripudaman Bhardwaj, ld. CGSC for the RCS has reverted and submits that the Petitioner is only a member of NCUI qua which an Administrator has been appointed vide the impugned order, as the tenure of the existing Governing Council of NCUI came to an end in November, 2025. The Administrator has been appointed for the purpose of conducting elections.

6. Mr. Manu Padalia, ld. Counsel has entered appearance on behalf of NCUI and submits that NCUI does not challenge the appointment of the Administrator.

7. The short issues that arise in the present petition are as follows: (i) Firstly, in respect of the conduct of elections of the Governing Council of NCUI;

(ii) Secondly, whether Respondents No. 5-National Cooperative Export Limited, Respondent No.6-National Cooperative Organics Limited and Respondent No.7- Bharatiya Beej Sahakari Samiti ltd., who have been enrolled as members after 19^th January, 2026, can be permitted to participate in the elections on their own.

8. Insofar as the conduct of elections is concerned, Section 123(1) of the Multi-State Co-operative Societies Act, 2002 permits the Central Government to supersede the Board/Governing Council, if the election authority has failed to conduct elections of the multi-state co-operative society. Accordingly, the impugned order dated 19^th January, 2026 has been passed on the ground that the term of the members of the Board/Governing Council and the office bearers being five years, and no elections having been conducted, there is a situation of stalemate in the constitution of Governing Council for NCUI. In order to resolve the issue and for quick elections, an Administrator has been appointed by the Government, for a ‘specified multi-state cooperative society’. In effect, the NCUI has been declared as a ‘specified multi-state cooperative society’.

9. According to Mr. Neeraj Malhotra, ld. Sr. Counsel for the Petitioner NCUI is not a ‘specified multi-state cooperative society’.

10. Be that as it may, in view of the fact that the elections have to be conducted in a free and fair manner, Mr. Siddharth Jain, Joint Secretary, Government of India has been appointed as the Administrator. The powers of the Administrator would be to conduct the elections in accordance with the Multi-State Co-operative Societies Act, 2002 and Multi-State Co-operative Societies Rules, 2002.

11. Accordingly, it is directed