Dr. Divya Sharma vs The Registrar (Delhi Co-Operative Societies) And Anr

Court
Delhi High Court

$~66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 2 November, 2026
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Uploaded on: 4 November, 2026
# CNR No. DLHC010527282026
+ W.P.(C) 16200/2026, CM APPL. 75796/2026 & CM APPL.
75797/2026
DR. DIVYA SHARMA .....Petitioner
Through: Mr. Amit Singh, Ms. Shaily Tarar, Mr.
Sanjeev Tomar, Mr. Shashank Verma,
Advs.
versus
THE REGISTRAR (DELHI CO-OPERATIVE SOCIETIES) AND
ANR .....Respondents
Through: Mr. Shashi Pratap Singh, Ms Anmika
Tyagi, Ms Laqshyaa Saluja, Advs. for
RCS.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 75796/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 16200/2026 & CM APPL. 75797/2026
3. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India, inter alia , assailing the notice dated 17th October,
2026, cancelling the elections agenda notice dated 2nd July, 2026 as also the
new election agenda notice dated 24th October, 2026.
4. The petition concerns the Hans Bhawan Friends CGHS Ltd.
( hereinafter ‘the Society’ ), in respect of which the elections are being
repeatedly announced by the Administrator-cum-Returning Officers.
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However, for whatever reasons, the same appears to be obstructed and
impeded by the members of the Society.
5. This is the second writ petition. In the earlier writ petition, i.e.,
W.P.(C)9037/2026 titled ‘Dr. Divya Sharma v. The Registrar (Delhi
Cooperative Societies) & Ors. vide order dated 10th July, 2026, this Court
had also considered the matter regarding the conduct of the elections of the
same Society.
6. The brief background of the present case is that, initially, the election
process for the Managing Committee of the Society was announced in March,
2025, and scrutiny of nominations was done by Mr. Chander Veer, who was
the Administrator-cum-Returning Officer ( hereinafter ‘ARO-I ).
7. The list of contested candidates was published by the said ARO-I on
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26 April, 2025. However, the same was to be cancelled, allegedly due to
some exigencies. The said ARO-I, thereafter resigned from the position.
8. The Registrar of Cooperative Societies ( hereinafter ‘RCS’ ) then
appointed Mr. Mahender Pratap Singh as the new Administrator-cum-
Returning Officer ( hereinafter ‘ARO-II’ ).
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9. ARO-II issued an election agenda notice dated 2 July, 2026, as per
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which, the elections were to be conducted between 9 July, 2026 to 26 July,
2026. The process of nomination was also completed and only elections were
to be held.
10. At that stage, the first writ petition i.e., W.P.(C)9037/2026 was filed,
and the case of the Petitioner was that the elections ought to be conducted on
the basis of the nominations which were filed in March-April, 2025. This
submission was not accepted by the Court and the following directions were
issued vide order dated 10th July, 2026:
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“xxx xxx xxx
8. Ld. Counsel for the Petitioner submits that the
process of Nomination etc., was completed in the earlier
elections and only the elections were to be held, which
was cancelled – thus, the present ARO ought to merely
hold the elections on the basis of the nominations and
election records of the earlier ARO.

9. This is opposed by ld. Counsel for the RCS on the
ground that there is sufficient time gap between the date
of elections fixed by the previous ARO and the new
scheduled date for the election. The Delhi Co-operative
Societies Act, 2003 (hereinafter ‘Act’) and the Rules
framed thereunder prescribe specific time limits for
conduct of elections. Hence, the records and schedule
has been rightly prepared afresh by the present ARO.

10. The Court has considered the matter. If there
was any medical exigency in the family of the earlier
ARO due to which he had cancelled the elections in
2025, a long time of more than 15 months has since
elapsed and the earlier nominations, etc. cannot be
now considered straightaway, because that would be
contrary to the provisions of the Act and the Rules
framed thereunder.

11. The new ARO has now issued a fresh
Election Agenda for elections and is currently
accepting the nomination forms from 9th July, 2026 -
tomorrow being the last date for filing nominations.
The election process having already started, this Court
is not inclined to interdict or stop the election process
at this stage.

12. There are certain objections, which are being
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raised by ld. Counsel for the Petitioner in respect of the
ineligible members or persons having duplicate
membership, being permitted to vote.

13. These objections shall be raised before the
ARO and shall be considered by him in accordance
with law.

14. The petition is disposed of in the above terms.
Pending applications, if any, are also disposed of.”

11. Subsequently, due to obstructions by the members, the ARO-II could
not complete the elections, and he also submitted his resignation.
12. The RCS then stepped in and appointed Mr. R.K. Sawant ( hereinafter
th
‘ARO-III’ ) as the Administrator-cum-Returning Officer vide order dated 29
July, 2026.
13. Pursuant thereto, ARO-III issued a fresh election agenda dated 24th
October, 2026 for conduct of elections after obtaining permission from RCS.
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The said permission was accorded on 22 October, 2026. The new election
agenda dated 24th October, 2026 is as under:

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14. Unfortunately, however, on 29 October, 2026, when the nomination
forms were to be issued, the ARO-III was obstructed from discharging his
duties.
15. As per the above complaint, he was assaulted and prevented from
discharging his official duties and forced to call the Police Control Room,
whereafter, the PCR assisted him and dropped him at the Police Station, Farsh
Bazar.
16. ARO-III lodged a complaint dated 29th October, 2026 with the
concerned S.H.O to the following effect:


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As can be seen from the above complaint, the ARO alleged that Mr. Raman
Kumar, resident of Flat No.A-34 in the Society and Mr. Sanjeev Tomar of
Flat No.E-04 of the Society, had assaulted him.
17. In view of the obstruction caused, the nomination forms could not be
issued and the scrutiny of the forms could not be conducted.
18. At this stage, the present writ petition has again been filed, inter alia ,
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seeking quashing of the election agenda dated 24 October, 2026.
19. The further prayer in this writ petition is that the agenda under the
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election notice dated 2 July, 2026 ought to be proceeded with.
20. Mr. Amit Singh, ld. Counsel appearing for the Petitioner submits that
the Petitioner had filed certain objections regarding certain nominations etc.
and the ARO-II had considered the same properly.
21. Mr. Shashi Pratap Singh, ld. Counsel appearing for the RCS, however,
submits that in this Society, there are a group of persons, who seem to have
come together to stall the elections for the Managing Committee of the
Society, in one manner or the other.
22. The Court has considered the matter. Clearly, the repeated appointment
of various Administrator-cum-Returning Officers by the RCS indicates that
there are obstructions being caused in the conduct of elections in the Society.
23. The latest, Administrator-cum-Returning Officer i.e., ARO-III, Mr.
R.K. Sawant has specifically named the persons who allegedly assaulted and
threatened him when he was in the process of issuing the nomination forms.
However, the connection between the Petitioners and the said two individuals,
namely, Mr. Raman Kumar and Mr. Sanjeev Tomar, is not clear.

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24. Be that as it may, it is made clear that the Society’s members cannot in
any manner obstruct the conduct of elections in this manner repeatedly.
25. The Petitioner is one of the persons contesting for the post of President,
as is evident from the scrutiny papers of June, 2022. Thereafter, the
Petitioner’s name again figures in the list of contesting candidates for the post
of Vice-President, as is evident from the list published on 20th April, 2025.
26. Mr. Raman Kumar, against whom the ARO-III has given a complaint
to the S.H.O. is contesting for the post of President as per the list published
on 20th April, 2025.
27. There seems to be some reasons why these candidates do not want the
elections to continue and conclude in a peaceful manner, however the same
are not clear to the Court.
28. The Administrator-cum-Returning Officers cannot be expected to
again and again call for the elections, and be threatened and assaulted in this
manner. The elections to the Society have to be held in a peaceful, fair and
transparent manner.
29. Therefore, this Court is of the opinion that since these two candidates
i.e. Mr. Raman Kumar and Mr. Sanjeev Tomar have misbehaved, assaulted
and threatened the ARO-III, their candidature deserves to be disqualified.
Ordered accordingly.
30. In addition, in order to ensure the smooth and fair conduct of elections,
the following further directions are issued:
i) The election agenda notice dated 24th October, 2026 is
cancelled.
ii) Fresh Election Notice: The ARO-III shall issue a fresh election
notice within a week and shall publish the agenda for the
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elections;
iii) Disqualification of M. Raman Kumar and Mr. Sanjeev Tomar:
Mr. Raman Kumar and Mr. Sanjeev Tomar shall not be permitted
to contest of participate in the elections. Their nomination shall
not be accepted;
iv) Security Arrangements : The S.H.O. of the concerned area shall,
on the dates of issuance of nomination forms, scrutiny and other
election-related processes, as well as on the date of polling,
extend security for the conduct of elections within the premises
of the Society;
v) Registration of F.I.R. : On the basis of the complaint dated 29th
October, 2026, lodged by the ARO-III, an F.I.R shall be
registered by S.H.O. PS, Farsh Bazar, Shahdara against Mr.
Raman Kumar and Mr. Sanjeev Tomar and investigation shall be
undertaken in the said FIR. The same shall proceed in
accordance with law;
vi) Appointment of Additional Observer: The RCS Office shall, in
order to assist the ARO-III, also depute one more official as an
Observer to oversee the elections, so that the same is conducted
in a peaceful manner.
31. A copy of this order be communicated to the S.H.O. PS, Farsh Bazar,
Shahdara, Delhi by the RCS as also by Mr. Ritesh Kumar Bahri, ld. APP.
32. The documents given by Mr. Shashi Pratap Singh, ld. Counsel are taken
on record.


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33. The present petition is disposed of in these terms. All pending
applications are also disposed of.

PRATHIBA M. SINGH
JUDGE


DINESH BHATT
JUDGE
NOVEMBER 2, 2026
Rahul/sm

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