$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 9^th April, 2026 Uploaded on: 9^th April, 2026 + W.P.(C) 17919/2025 and CM APPL. 74115/2025, 79704/2025

16022/2026, 22769/2026 AMAR JEET & ORS. .....Petitioners Through: Mr. A.K. Singla, Sr. Adv. with Mr. R.

K. Gupta and Mr. Arun Kumar, Advocates (M: 8448126500).

versus REGISTRAR COOPERATIVE SOCIETIES & ANR. ....Respondents Through: Ms. Harshita Nathrani, Advocate and Mr. Sameer Vashisht, Standing Counsel (Civil), GNCTD.

Ms. Sonia A. Menon, Advocate for R-

3 to 8 (M: 9810865468).

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 Petitioners under Articles 226 and 227 of the Constitution of India, inter alia, assailing the impugned order dated 12th November, 2025 passed by the Registrar Co-operative Societies (hereinafter, ‘RCS’).

3. Vide order dated 12th November, 2025, Respondent No.2- Mr. Ram Kumar Savant was appointed as the Administrator of the Society.

4. The order dated 12th November, 2025 was stayed by this Court on 26^th November, 2025 in the following terms:

“3. Mr. Sameer Vashisht, Standing Counsel for Government of NCT of Delhi (GNCTD) accepts Notice on behalf of respondent nos.l & 2.

4. We have perused the impugned order and also the Show Cause Notice and the reply tendered by petitioner to the Show Cause Notice.

5. Having regard to the fact that the impugned order is a non-speaking order, as the contentions of the petitioner are not dealt with therein, we deem it appropriate to stay the same until further orders.

6. Returnable on 8^th January 2026.

7. Order be uploaded on the website of this Court.”

5. The brief background is that the Petitioners, namely Mr. Amarjeet, Mr. Ramesh Varadarajan, Ms. Mini Jha, Mr. Vinod Bhatia and Mr. Kamal Jeet Singh are part of the Managing Committee of the Fakhruddin Memorial Cooperative Group Housing Society, Plot No. 18, Sector-10, Dwarka, New Delhi (hereinafter, ‘the Society’), are aggrieved by the appointment of the Administrator, vide the impugned order, on various grounds. The Petitioners are part of the Managing Committee of the Society. Complaints were filed against the Managing Committee raising various allegations. The said allegations include:

i) Holding of an SGBM (hereinafter, ‘Special General Body Meeting’) on 8^th June, 2025 which is on the festival of Eid-Ul-Juha despite the directions of RCS;

ii) Increase of maintenance charges by the Managing Committee from Rs. 2300/- to Rs.3200/-;

iii) Disqualification of certain members, who had been elected to the Managing Committee, as they were not the primary members of the Society;

iv) Audits not being conducted in time;

v) Appointment of a Returning Officer and the elections fixed for 14^th December, 2025, wherein there were allegations of the electoral roll being manipulated;

6. After considering these allegations, the order dated 12^th November, 2025 was passed, wherein the RCS came to the following conclusions:

“Upon careful examination of the records, complaints and submissions of the society, it is evident that the Managing Committee of Fakhruddin Memorial Cooperative Group Housing Society Ltd has failed to discharge its statutory duties in accordance with the provisions of the Delhi Cooperative Societies Act, 2003 and the Delhi Cooperative Societies Rules, 2007. The Committee has violated the directions issued by this office under Section 42 of the Act, conducted the Special General Body Meeting in defiance of official orders, and unilaterally revised the maintenance charges without approval of the General body in contravention of Section 89 and 93 of the DCS Act, 2003 and Rule 102(2) & (3) of the DCS Rules, 2007. Further, the inclusion of non-primary members in the Managing Committee is in violation of Section 25(b) of the Act read with Rule 22(1) of the Rules. The above acts reflect continued negligence, non-compliance, and disregard for cooperative princip