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2026 Supreme(Online)(Del) 6557
IN THE HIGH COURT OF DELHI AT NEW DELHI
JAMIA COOPERATIVE BANK LIMITED – Appellant
Versus
GOVT OF NCT OF DELHI & ORS. – Respondent
W.P.(C)-5868/2026
Court directed appointment of Returning Officer by specified date and allowed existing board to continue as caretaker committee for limited period with restrictions, ensuring continuity and free elections.
Headnote:(A) Delhi Co-operative Societies Act, 2003 - Election of Managing Committee - Appointment of Returning Officer - Caretaker committee - Directions for continuation after expiry of term - Restrictions on major policy decisions and fund utilization - Reliance on earlier judgment in W.P.
(C) 12817/2019.
(B) Mandamus - Duty of Registrar of Cooperative Societies to appoint Returning Officer within stipulated time - Free and fair elections to be conducted.
Facts of the case:
The Petitioner Bank, a cooperative bank, filed a writ petition seeking directions to the Registrar of Cooperative Societies (RCS) and other authorities to appoint a Returning Officer and ensure time-bound elections for its Managing Committee/Board of Directors. The tenure of the existing Board was expiring on 10th June, 2026. The Bank had passed a resolution on 18th February, 2026 requesting the RCS to appoint a Returning Officer, followed by three reminders, but received no response. The Court, after hearing counsel, noted the urgency.
Findings of Court:
The Court directed the RCS to appoint the Returning Officer on or before 10th May, 2026. It further directed that the Returning Officer shall review the electoral roll and proceed to ensure free and fair elections. In view of the possibility that the election process may extend beyond the expiry of the Board’s term, the Court, relying on its earlier order in Jamia Cooperative Bank Limited v. GNCTD & Anr. (W.P.
(C) 12817/2019 dated 5th December, 2019), directed that the present Managing Committee/Board shall continue as a ‘Caretaking Committee’ for a maximum period of three months from the expiry of its term. The Caretaking Committee was prohibited from taking any major policy decision or transferring/utilizing funds except for day-to-day administration and payment of salaries.
Issues: (i) Whether the RCS should be directed to appoint a Returning Officer expeditiously; (ii) What arrangement should be in place after the expiry of the Board’s term pending elections.
Ratio Decidendi: The Court held that where the term of a Managing Committee of a cooperative society is about to expire and elections are pending, the existing committee can continue as a ‘caretaker committee’ for a limited period, subject to restrictions on major policy decisions and fund utilization, to ensure continuity of administration and avoid a stalemate.
Result: Petition disposed of with directions as above.
1. This hearing has been done through hybrid mode.
CM APPL.28740/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 5868/2026 & CM APPL.28739/2026 (for interim relief)
3. The Petitioner – Jamia Cooperative Bank Limited has filed the present petition seeking directions to the Respondent Nos.1 o 4 i.e., Registrar of Cooperative Societies (hereinafter, ‘RCS’) and other authorities for appointing a Returning Officer and for ensuring that elections for the Managing Committee/Board of Directors of the Petitioner Bank are conducted in a time bound manner.
4. The case of the Petitioner Bank is that the tenure of the present Board is expiring on 10th June, 2026. The resolution was passed on 18th February, 2026 requesting the Respondent No.2- RCS to appoint a Returning Officer. The same was followed up with three further letters dated 27th February, 2026, 10th April, 2026 and 20th April, 2026 respectively. However, since no response was received from the RCS office, the present writ petition has been filed by the Petitioner Bank. The prayers sought in the present petition are as under:
“a. Issue any writ, order or direction in the nature of Mandamus directing respondent nos. 1-4 to appoint a Returning Officer forthwith and ensure that elections to the Managing Committee/Board of Directors of the petitioner are conducted in a time-bound manner;
b. Issue an appropriate writ, order or direction permitting the existing Board of Directors of the petitioner to discharge their statutory functions till an election for the subsequent Board of Directors is concluded by a Returning Officer duly appointed under the Delhi Co-operative Societies Act, 2003, and;
c. Pass such other or further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
5. Mr. Nandrajog, ld. Senior Counsel appearing for the Petitioner Bank submits that the tenure of the Board is coming to end on 10th June, 2026 and it could lead to governance issues within the Bank if the elections are not conducted expeditiously. Mr. Vashisht, ld. Standing Counsel appearing for the RCS submits that the RCS would be appointing the RO shortly within a maximum period of two weeks from today.
6. Under these circumstances, it is directed that the Returning Officer shall be appointed by the RCS on or before 10th May, 2026. Immediately thereafter, the Returning Officer shall review the electoral roll and proceed in accordance with law to ensure free and fair elections are conducted for the Managing Committee of the Petitioner Bank.
7. Till the Managing Committee is elected, there is an apprehension that there could be a stalemate in the administration of the Bank. Reliance is placed upon the decision in W.P.(C) 12817/2019 titled Jamia Cooperative Bank Limited v. GNCTD&Anr.bythe ld.Sr.Counsel fortheAppellant,inwhich vide the order dated 5th December, 2019 the Co-ordinate Bench of this Court had directed as under:
“20. The next question that arises is what should happen in the interregnum i.e. after the expiry of the term of the earlier Managing Committee and the election of the new one in terms of the election schedule to be drawn up by Mr. Krishnan as an RO of the Petitioner society? Although there is no clear cut answereither intheDCSActortheRulesinDelhi,the course that commends itself to be adopted in the present case would be to require the present committee to continue as a ‘caretaker committee’, till such time the new committee is in place, with the added condition that the present committee shall not take any major policy decision or transfer/utilise any funds of the committee, except to the extent necessary for the for the day-today administration, including payment of salaries of the staff and other normal banking activity. The copies of the decisions taken by the committee will be open for inspection by the Registrar. Mr. Krishnan, the RO will go strictly by the time limit specified in the Act and the Rules
