Sandeep Wahal & Ors. vs Registrar Of Co-Operative Societies & Ors.

$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
Date of decision: 3 November, 2026
th
Uploaded on: 5 November, 2026
# CNR No. DLHC010531922026
+ W.P.(C) 16319/2026, CM APPL. 76527/2026, CM APPL.
76528/2026
SANDEEP WAHAL & ORS. .....Petitioners
Through: Mr. Rohit Modi, Mr. Deepak Tyagi,
Mr. Ishaan, Mr. Pranav Negi & Ms.
Shreya Bajpayee, Advs.
versus
REGISTRAR OF CO-OPERATIVE SOCIETIES & ORS.
.....Respondents
Through: Ms. Urvi Mohan, Mr. Sumit Kumar &
Mr. Aakrit Bhargava, Advs. for RCS.
Mr.
Mr. S.K. Sharma, Adv. and Mr. DD
Joshi, the President
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition relates to the elections in Respondent No. 2–
Akash Bharti, Cooperative Group Housing Society Ltd., Plot No. 24, I.P.
Extension, Delhi (hereinafter, ‘the Society’).
3. Qua this petition, the Petitioners have sought, inter alia, setting aside
of orders dated 27th October, 2026 and 30th October, 2026, passed by the
Delhi Cooperative Tribunal, as also issuance of directions to the Society to
declare the list of defaulters as illegal and permit them to participate in the
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 1 of 7

elections which are forthcoming.
4. The background of the case is that the elections to the Society were
rd
announced on 3 October, 2026 by the Returning Officer-Mr. J.P. Sharma,
who is stated to be nominated by the present Managing Committee of the
Society. The said schedule for the elections of the Society is as under:
5. Certain allegations have been raised by the Petitioners herein, as well
as some other members relating to the following aspects:
(a) With respect to the appointment of Mr. J.P. Sharma as the
Returning Officer, it is alleged that the said Returning Officer was the
client of Mr. DD Joshi (current President of the Society) and his son-
Mr. Mayank Joshi. Hence, the said appointment of Returning Officer
is vitiated;
(b) A number of members of the Society have been put in the
defaulters’ list on the ground of non-payment of certain dues, only with
a view and intention to prejudice the elections.
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 2 of 7

6. The Petitioners had previously approached the RCS by filing various
complaints. Thereafter, the Office of the Registrar of Cooperative Societies,
th
GNCTD, vide order dated 19 October, 2026 replaced Mr. J.P. Sharma and
appointed Mr. Ram Kumar Sawant, Section Officer (Retired) as the Returning
Officer for conduct of the elections of the Society.
th
7. The said order dated 19 October, 2026 passed by the RCS was
challenged before the Delhi Cooperative Tribunal (hereinafter, ‘DCT’) by the
Society in Appeal No. 184/2026/DCT on the ground that the Society was not
heard prior to the appointment of the new Returning officer. Hence, vide the
th
impugned order dated 27 October, 2026, the DCT issued notice in the said
appeal and stayed the order of the RCS dated 19th October, 2026.
8. The appeal is presently pending before the DCT and vide impugned
th
order dated 30th October, 2026, it has been adjourned to 4 November, 2026.
9. The present writ petition challenges the said two orders of the DCT.
The prayer in this petition primarily is that the election of the Society ought
to be conducted in a free and fair manner and since the members of the Society
do not have faith in Mr. J.P. Sharma- the Returning Officer appointed by the
Managing Committee, the new Returning Officer appointed by the RCS- Mr.
Ram Kumar Sawant, who is an independent person, ought to be permitted to
conduct the election.
10. The other submission on behalf of the Petitioners is that the creation of
the list of defaulters is also with a view to hijack the election itself, as the main
ground on which the said defaulters are being declared is that the generator
set charges and solar charges, as also some ‘other’ charges have not been
deposited by the members.
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 3 of 7

11. The matter was heard by the Court in the supplementary list this
morning and was passed over to enable the Society to appear. Mr. Sharma, ld.
Counsel for the Society and Mr. Joshi, the President of the Society have
entered appearance.
12. Their stand is that insofar as the DG and solar set charges are
th
concerned, this Court vide order dated 9 April, 2026 in W.P.(C)3302/2026
titled Sandeep Wahal & Ors. v. The Registrar of Cooperative Societies &
Anr. had directed the complaints filed by the Petitioners to be disposed of by
th
the RCS by 15 June, 2026. However, the RCS has finally decided the said
th
issue on 16 October, 2026 wherein the RCS has permitted the Petitioners to
raise the dispute under Section 70 of the Delhi Co-operative Societies Act,
2003 in this regard.
13. Mr. Joshi also submits that Mr. J.P. Sharma is not his client, but of his
son Mr. Mayank Joshi, who is a lawyer, and at the time when his son was
representing Mr. J.P. Sharma, he was not holding any position in the
Managing Committee of the Society.
14. Mr. Mohan, ld. Counsel submits on behalf of the RCS that the RCS has
changed the Returning Officer vide its order dated 19th October, 2026 in order
to ensure that the elections are conducted in a transparent manner and the
DCT’s order dated 27th October, 2026, to the extent that it stays the order of
appointment by RCS, would not be tenable.
15. The Court has heard the ld. Counsels for the parties. In the first place,
any Returning Officer who is appointed for conduct of an election has to be
completely above board and any relationship with the President or other office
bearer of the Managing Committee, including of a lawyer-client relationship
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 4 of 7

would raise doubts as to the impartiality of the Returning Officer.
16. The justification given by Mr. Joshi that his son was the lawyer for Mr.
st
J.P. Sharma is belied by the order dated 1 December, 2023 in a writ petition
filed by Mr. JP Sharma (Mr. Jai Prakash Sharma) being W.P.(C) 15502/2023
where the appearance of both, Mr. Mayank Joshi and Mr. DD Joshi is
recorded as under:
17. Clearly, therefore, there would have been an issue as to the impartiality
of the Returning Officer. Thus, the RCS was fully justified in nominating
another Returning Officer vide its order dated 19th October, 2026.
18. Insofar as the second issue i.e. the payment of the DG set and solar
system charges are concerned, the Petitioners were under an obligation to
th
disclose the order dated 16 October, 2026 passed by the RCS pursuant to
th
order dated 9 April, 2026 passed by this Court in W.P.(C)3302/2026.
However, for whatever reason it chose not to bring the same before the Court
and even no submission was made that such an order was passed. This is also
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 5 of 7

misleading and misrepresentative in nature and this Court expresses
disapproval of the Petitioners’ conduct in this regard.
19. Be that as it may, the election of the Society has to be conducted in
rd
terms of the election programme which has been issued on 3 October, 2026.
The said programme extracted above would show that for the filing of
rd
nomination forms, the last date would be 3 November, 2026 i.e., today.
20. Accordingly, it is directed that the Returning Officer appointed by the
RCS vide its order dated 19th October, 2026- Mr. Ram Kumar Sawant, shall
issue the nomination forms to all the members who wish to file the nomination
for the elections.
21. Insofar as the defaulters’ list is concerned, all the 55 persons mentioned
in the said list, which is annexed as “Annexure P-6” to this petition shall make
th
the requisite payments to the Society on or before 10 November, 2026.
Subject to said payment being made, the members would be permitted to
participate in the election process, including the filing of nominations and
voting, if any.
22. The payment insofar as the DG set and the solar charges is concerned,
which may be deposited by the members, shall be subject to the outcome of
the arbitration proceedings, if any, which the members may avail of in terms
of Section 70 of the Delhi Co-operative Societies Act, 2003.
23. It is made clear that all the members who make the requisite payment
as per the deadline fixed today, shall be permitted to file their nominations,
and also participate in the elections as members of the Society.
24. The Returning Officer-Mr. Ram Kumar Sawant shall make a video
th
recording of the election on 15 November, 2026 and declare the results on
the same date.
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 6 of 7

25. It is made clear that no member shall obstruct the election process in
any manner.
26. The members against whom dues of maintenance, parking, DG and
solar set charges are pending shall all be cleared in terms of this order. Insofar
as the charges under the category of `Others’ are concerned, the same being
quite ambiguous, at this stage, no orders are passed for payment of the same
by the Members.
27. The impugned orders dated 27th October, 2026 and 30th October, 2026
passed by the DCT are accordingly set aside.
28. The petition is disposed of in these terms. Pending applications, if any,
are also disposed of.
PRATHIBA M. SINGH
JUDGE
DINESH BHATT
JUDGE
NOVEMBER 3, 2026
dj/ss
Signature Not Verified
Signed By:DHIRENDER
KUMAR
Signing Date:05.11.2026
11:26:58
W.P.(C) 16319/2026 Page 7 of 7