$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 8^thApril, 2026 Uploaded on: 13^th April, 2026 + W.P.(C) 18454/2025 NTPC EMPLOYEES COOPERATIVE GROUP HOUSING SOCIETY LTD. .....Petitioner Through: Mr. D.K. Rustogi, Adv.

versus REGISTRAR COOPERATIVE SOCIETIES AND ORS.

.....Respondents Through: Mr. Shubham Gupta, Counsel for R-3.

Ms. Urvi Mohan, Adv. for RCS/GNCTD CORAM:

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

1. This hearing has been done through hybrid mode.

CM APPL. 22321/2026 (for postponement of hearing)

2. ThisapplicationhasbeenfiledbythePetitionersseekingpostponement of hearing of the present writ petition.

3. For the reasons stated in the application as also the fact that the ld. Counsels for the parties are ready to make submissions today, the application is allowed and the matter is heard today. Application is disposed of.

W.P.(C) 18454/2025

4. The present petition has been filed under Articles 226 and 227 of the Constitution of India, inter alia, assailing the order dated 26th September, 2025 (hereinafter, 'impugned order') passed by the Respondent No.l-

Registrar Cooperative Societies, Delhi (hereinafter, 'RCS') .

5. The petition was initially titled and filed by NTPC Employees Cooperative Group Housing Society Ltd. (hereinafter, ‘Society’) but was thereafter, vide order dated 8^th January, 2026 amended to reflect three Petitioners,whowereallpartoftheManagingCommitteeoftheSociety. The said three Petitioners are:

● Mamta Yadav (Erstwhile President)

● Anuj Tyagi (Ex-Secretary)

● Pankaj Monga (Ex. Treasurer)

6. The brief background of the case is that the term of the Managing Committee of the Society which was earlier elected was to expire on 13^th October, 2022. The Society, sometime in August-September, 2022 had requested the RCS to appoint a Returning Officer to conduct the elections of the Managing Committee of the Society. At that time, the RCS had appointed Sh. Tariq Salam, as a Returning Officer and the elections were conducted and the Managing Committee of the Society was also duly constituted.

7. On 20^th October, 2022, out of the seven members of the Managing Committee,threemembers i.e.,Vicepresident,WomenMCMemberandMC Member had tendered their resignations. There is stated to be some dispute that the said resignations were not duly tendered in accordance with the bye- laws. However, in view of the said resignations, on 12^th December, 2022, the RCS passed an order appointing Shri Mahesh Kumar Gupta, Retd. DANICS, as an Administrator-cum- Returning Officer under Section 35(5) of the Delhi Co-operative Societies Act, 2003 (hereinafter, ‘DCS Act’) to manage the day- to-day affairs of the Society and to also conduct the elections for the Managing Committee. This appointment of Mr. Mahesh Kumar Gupta was challenged by the society in W.P.(C) 17582/2022 titled NTPC Employees Cooperative Group Housing Society Ltd. v. Registrar Cooperative Societies & Ors.

8. In the said writ petition, vide order dated 5^th January, 2023, status quo was granted in the following terms:

“1. Mr. Udit Malik states appropriate shall be that respondents file counter affidavit within four weeks.

2. Rejoinder be filed within two weeks thereafter.

3. Mr. D. K. Rustagi reiterates his statement as made on December 22, 2022, on instructions that respondent No.3 has not taken charge as an Administrator of the Society till date.

4. In view of above, status quo as of today shall be maintained till the next date of hearing.

5. List on May 10,2023.”

9. After the said status quo order was passed, the said writ petition was disposed of finally on 13^th August, 2025 in the following terms:

“1. As per order dated 12th August 2025, learned counsel appearing for respondent no. 1 has sought to canvass that the order impugned appointing an administrator is sustainable as the same is in tune with the provisions of Section 35(5) of the Delhi Cooperative Societies Act 2003 ('DCS Act').

2. Learned counsel appearing for respondent no.1 has sought t