Constitutional Courts should exercise judicial restraint and refrain from interdicting or stalling an ongoing election process once a notification is issued. All grievances concerning procedural irregularities or authority must be resolved through prescribed statutory mechanisms after the completion of the electoral process to ensure timely and fair outcomes.

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner-Mandeep Mann under Articles 226 and 227 of the Constitution of India, inter alia, assailing the Agenda Notice dated 26th March, 2026 issued by Respondent No. 2-Mr. O.P. Mishra, Administrator-cum-Returning Officer for conducting the electionsfortheManagingCommitteeoftheSadbhawanaCooperativeGroup Housing Society Ltd (hereinafter, ‘Society’). The Petitioner is stated to be a member of the said Society.

3. The submission of Mr. Mohit Rana, ld. Counsel for the Petitioner is

that the Administrator-cum-Returning Officer who was appointed by the Registrar Cooperative Societies (hereinafter, ‘RCS’), did not have the power to act as a Returning Officer for conducting the said elections. It is further submitted on behalf of the Petitioner that there are various rules including the procedure for conducting the elections under Schedule II of the Delhi Cooperative Societies Rules, 2007, which have been violated.

4. Mr. Shashi Pratap Singh, ld. Counsel for the RCS submits that the elections for the Managing Committee of the Society were announced way back on 26th March, 2026 and the polling is scheduled for 26th April, 2026. Further, the Petitioner has a remedy to challenge the said elections once the same are conducted and accordingly, at this stage, the same should not be interdicted. Reliance is placed upon the order dated 10th March, 2025 of a Co-ordinate Bench of this Court in W.P.(C) 2992/2025, titled Hari Shankar Singh v. The Registrar of Cooperative Societies & Anr.

5. The Court has heard the ld. Counsels for the parties. A perusal of the order by which the Administrator-cum-Returning Officer was appointed, would show that the said order clearly states that the Administrator-cum- Returning Officer is appointed for managing the affairs of the Society and for conducting the elections for a new Managing Committee. The said order was passed on 10th February, 2026 by the RCS and the same is extracted below:

“Whereas, Sadbhawna CGHS Ltd. Plot No. 11, Sector 11, Dwarka, Phase-1, Delhi-110075, is registered with the Department vide registration No. 893/GH under the provision of DCS Act and Rules.
And whereas, vide this office order of even number dated 03.06.2025 Sh. Ram Kumar Sawant, Section officer Home Department was appointed as

Administrator under Section 3 7(1) of DCS Act, 2003 for a period of six months to manage the affairs of the society until a new managing committee is duly elected. The term of the Administrator was also extended for a further period of 180 days vide this office order dated 29. 12.2025. Thereafter a representation was received from the Administrator regarding ambiguity of the orders of extension.
Now, therefore, I Sanjay Jha, Dy Registrar (H/Sec- VII) hereby convey the approval of the Registrar Co-op. Societies to appoint Sh. O P Mishra, DANICS(Retd) as Administrator in Sadbhawana CGHS Ltd. Plot No.11, Sector 11, Dwarka, Phase- 1, Delhi-110075 under section 37(1) of DCS Act, 2003 for the period of 180 days to manage the affairs of the society and conduct elections for a new Managing Committee.
The Administrator shall draw a sum of Rs. 10,000/- (Rs. ten thousands only) per month as honorarium along with conveyance charge out of the society funds”

6. TheagendafortheelectionsoftheManagingCommitteeoftheSociety was also issued on 26th March, 2026 and the schedule has been announced as under: