Rajendra Singh Beniwal And Ors vs The Registrar Of Co-Operative Societies And Ors

$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 27 July, 2026
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Uploaded on: 27 July, 2026
+ W.P.(C) 10317/2026, CM APPL. 47800/2026 & CM APPL.
47801/2026

RAJENDRA SINGH BENIWAL AND ORS .....Petitioners
Through: Mr. Lohit Kumar Bimal, Mr. Raghav
Bimal and Mr. Sumit Jain, Advs.

versus

THE REGISTRAR OF CO-OPERATIVE SOCIETIES
AND ORS .....Respondents
Through: Mr. Shashi Pratap Singh, Ms.
Anamika Tyagi, Ms. Laqshyaa Saluja,
Advs. for R-1 and R-2/RCS.
Ms Puja S Kalra, Adv. for MCD.

CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
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 Article 226
of the Constitution of India, inter alia , assailing the order dated 25th June
2026 bearing F No. 107704781/RCS/S-4/2023/2501 (hereinafter, ‘impugned
order’ ) passed by the Registrar Cooperative Societies (hereinafter, ‘RCS’ ).
3. The case of the Petitioners is that the Petitioners were the office bearers
in the Outgoing Managing Committee of the Maharishi Dayanand Co-
operative Group Housing Society Ltd. (hereinafter, ‘Society’ ). The grievance
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 1 of 8

of the Petitioners is that the elections to the Managing Committee of the
Society have been announced, however, the Petitioners have been de-barred
from contesting the said elections.
4. Ld. Counsel for the Petitioners submits that the impugned order which
th
was passed on 25 June, 2026 was never served upon the Petitioners. It was
only on 16th July, 2026, when one of the representatives of the Petitioners
visited the office of the RCS, that the said order was served by hand,
whereupon the Petitioners became aware of the debarment.
5. It is the submission on behalf of the Petitioners that the charge of the
Society has been given to the Administrator-cum-Returning Officer.
However, insofar as the records are concerned, it is submitted that the office
of the Managing Committee in the Society building has been sealed by the
officials of the Municipal Corporation of Delhi (hereinafter, ‘MCD’ ) on
account of alleged violations. The records are lying within the said office and,
consequently, the same could not be handed over to the Administrator-cum-
Returning Officer. The said non-handing over of records cannot be made the
basis for debarment, as per the Petitioners.
6. Mr. Singh, ld. Counsel for the RCS, on the other hand, submits that the
Administrator-cum-Returning Officer has raised various grievances including
that the Outgoing Managing Committee i.e., Petitioners have been
misbehaving with the Administrator-cum-Returning Officer. Thus, no
indulgence should be shown.
7. This Court had entertained W.P.(C) 8553/2026 titled ‘Lt. Col.
Rameshwar Singh Rathee & Anr. v. The Registrar of Co-operative Societies
& Ors.’ relating to this very Society and in the said case, the election schedule
was finalized and an Observer was also appointed in the following terms:
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 2 of 8

“2. The present petition has been filed by the
Petitioners under Article 226 of the Constitution of
India, inter alia, seeking directions to the Respondent
No.1 and No.2 to conduct the elections of the
Respondent No.3-Maharishi Dayanand Co-operative
Group Housing Society Ltd., B-4, Vasant Kunj
(hereinafter, ‘the Society’) at the earliest. The
Petitioners herein are members of the Society.

3. The case of the Petitioners is that the term of the
existing Managing Committee of the Society ended in
February 2026. In fact, a Returning Officer appears to
have been appointed by the Respondent No.1-Registrar
of Co operative Societies (hereinafter, ‘RCS’), and he
has even fixed a schedule for the elections. However, the
same has not been conducted till date.

4. On the last date of hearing, a status report was
directed to be filed by the RCS.

5. Today, the status report has been handed over by the
Registrar Cooperative Societies. The same is taken on
record.

6. In the said status report, RCS has submitted that the
election of the Managing Committee of Society was
delayed due to various reasons. However, a new Agenda
has been issued by the Returning Officer in terms of the
th
agenda notice dated 10 July, 2026.

7. Heard the ld. Counsel for the parties. In view of the
fact that the Agenda notice has now been issued, the
Court is not inclined to go into the issues of delay in
conduct of elections. While there can be no doubt that
such delays ought not to have occurred, and cautioning
the Returning officer, let the elections be held in terms
of the agenda shown to the Court, as issued by the
th
Returning Officer. The said agenda dated 10 July,
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 3 of 8

2026 is extracted below:

S.
No.
Programme Date Time Venue
1. Issue of
Nomination
forms
(Free of cost)
25.07.2026
(Saturday)
10.00
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
2. Filling of
Nomination
AM
to 1.00
PM
26.07.2026
(Sunday)
10.00
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
3. Scrutiny
of
Nominations.
AM
to 1.00
PM
01.08.2026
(Saturday)
11,00
AM to
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
4. Display of
Valid
Nominations.
1.00
PM
01.08.2026
(Saturday)
1.05
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
5. Widhrawal of
Nominations
PM
02.08.2026
(Sunday)
10.00
AM to
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
6. Display of the
final list of
contesting
candidates
1.00
PM
02.08.2026
(Sunday)
1.05
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70
7. Polling (if
necessary)
PM
09.08.2026
(Sunday)
9.00
AM to
Premises of the Maharshi
Dayanand CGHS Ltd.
K.No. 310, Masoodpur
Village, Opp. Imperial
Club, New Delhi -70

8. Mr. Kanwaljeet Arora, Principal District and Session
Judge (Retd.) (M: 9910384733), is appointed as an
observer for conduct of the elections of the Society.

9. A lumpsum fee of Rs.2,00,000/- shall be paid to the
said Observer by the Society. The Returning Officer
shall cooperate with the observer for conduct of the
elections in a free, fair and peaceful manner.”

3.00
PM
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 4 of 8

8. From the above order, it is clear that apart from the Administrator-cum-
Returning Officer, an independent Observer has been appointed to conduct
and oversee the elections of the Managing Committee of the Society. Clearly,
the elections ought to be held quickly and the maximum number of people
should also be allowed to contest.
9. The debarment of the Petitioners being the members of the Outgoing
th
Managing Committee vide the impugned order dated 25 June, 2026, of
which the Petitioners had no knowledge, could lead to considerable frustration
within the members of the Society, as the ground for debarment is also not
wholly tenable.
10. The Administrator-cum-Returning Officer has also joined the
proceedings today and submits that the office of the Managing Committee has
not been de-sealed and hence, the records are not accessible. He also submits
that he has sent a letter to the MCD for de-sealing of the office so that it can
be utilised for the elections.
11. Under these circumstances, this Court issues the following directions:
(i) The office of the Managing Committee in the Society shall be
de-sealed by the MCD within 24 hours and the said office may be
permitted to be used by the Administrator-cum-Returning Officer.
(ii) The records of the Society shall be handed over to the
Administrator-cum-Returning Officer, by the Outgoing Managing
Committee.
(iii) The activities of the elections for the Managing Committee of the
Society shall be conducted from the said office itself, which is located
within the premises of the Society.
(iv) If the MCD has any grievance in respect to either the unauthorized
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 5 of 8

construction or any other similar issue, let notice be issued to the
Society to show cause and action be taken in accordance with law.
(v) The members of the Society to extend complete co-operation to
the Administrator-cum-Returning Officer as also the Observer and
shall not indulge in any misbehaviour. The Administrator-cum-
Returning Officer/Observer shall be entitled to, after conferring with
each other, take any action in order to ensure fair and free conduct of
elections in a peaceful manner. Misbehaviour by any member shall
immediately attract debarment and an order to this effect shall then be
passed by the Administrator-cum-Returning Officer.
12. In order to give effect to this order by the MCD, Ms. Puja Kalra, ld.
Counsel, who is present in Court, is requested to communicate this order to
the concerned officials of the MCD.
13. At this stage, the Administrator-cum-Returning Officer submits that the
Society premises would also be required to conduct the elections.
Accordingly, MCD shall not cause any impediment in the use of the office by
the Observer and Administrator-cum-Returning Officer.
14. The Administrator-cum-Returning Officer submits that he has issued a
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new Agenda on 16 July, 2026, which is as under:
“ELECTION OF MANAGING COMMITTEE OF THE
MAHARSHI DAYANAND COOPERATIVE GROUP
HOUSING SOCIETY LTD. KH. NO.310,
MASOODPUR VILLAGE (OPP.IMPERIAL CLUB),
NEW DELHI-110070
c/o
THE RETURNING OFICER OFFICE OF SPECIAL
SECRETARY [PWD]
RD
GOVT. OF NCT OF DELHI, 3 FLOOR, MSO
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 6 of 8

BUILDING, I.P. ESTATE, NEW DELHI-110002

CORRIGENDUM TO AGENDA NOTICE

This corrigendum is issued to amend the election
schedule published in the Agenda Notice. The revised
programme for the election of the Management
Committee is as under:-

S.No. Programme Date Time Venue
1. Issue of
Nomination
forms (Free
of Cost)
03.07.2026
(Thursday)
10.00 AM
to 1.00 PM
Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70
2. Filing of
Nominations
31.07.2026
(Friday)
10.00 AM
to 1.00 PM
Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70
3. Scrutiny of
Nominations
01.08.2026
(Saturday)
11.00 AM to
1.00 PM
Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70
4. Display of
Valid
Nominations
01.08.2026
(Saturday)
1.05 PM Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70

5. Withdrawal
of
Nominations
02.08.2026
(Sunday)
10.00 AM
to 1.00 PM
Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 7 of 8

Imperial club,
New Delhi-70
6. Display of
the final of
contesting
candidates
02.08.2026
(Sunday)
1.05 PM Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70
7. Polling (if
necessary)
09.08.2026
(Sunday)
9.00 AM to
3.00 PM
Premises of the
Maharishi
Dayanand CGHS
Ltd., K.No.310,
Masoodpur
village, Opp.
Imperial club,
New Delhi-70

All other terms and conditions of the Agenda notice
shall remain unchanged.
(Ravi Kumar)
Returning Officer
Dated: 16.7.2026”

15. In view of the new Schedule which is now issued, the Petitioners shall
be permitted to file their nominations which shall, however, be scrutinized in
accordance with law. Accordingly, the impugned order is set aside.
16. The petition is disposed of in the above terms. Pending applications, if
any, are also disposed of.

PRATHIBA M. SINGH
JUDGE

VIKAS MAHAJAN
JUDGE
JULY 27, 2026
nsa/Ck
Signature Not Verified
Digitally Signed
By:DEEPAK SINGH
Signing Date:27.07.2026
17:31:50
W.P.(C) 10317/2026 Page 8 of 8