Delhi HC Disqualifies Two Cooperative Society Candidates For Assaulting ARO, Orders Fresh Polls With Police Security

The petition concerned elections to the Managing Committee of Hans Bhawan Friends CGHS Ltd. After an earlier election process was cancelled, a new Administrator-cum-Returning Officer (ARO-II) issued an election agenda on 2 July 2026.

In an earlier writ petition, the Court declined to direct reliance on nominations from the 2025 process and allowed the fresh election process to proceed, leaving membership objections to be raised before the ARO

The elections were not completed amid alleged obstruction, and ARO-II resigned. ARO-III was appointed and issued a fresh agenda on 24 October 2026. On 29 October, ARO-III reported that he had been obstructed and assaulted while attempting to issue nomination forms, naming Society members Raman Kumar and Sanjeev Tomar

The petitioner sought, among other reliefs, cancellation of the 24 October agenda and continuation of the process under the 2 July agenda

The petition was brought under Article 226 of the Constitution of India

The Court referred to the Delhi Co-operative Societies Act, 2003 and the Rules framed under it in recounting its earlier decision that election schedules and nomination processes must comply with prescribed requirements; it had therefore declined to carry forward nominations after a substantial time gap

In the present decision, the Court stated that Society members could not repeatedly obstruct elections and that elections had to be conducted peacefully, fairly and transparently

No specific statutory provision or precedent was identified as the basis for disqualifying the two candidates or directing registration of an FIR.

The Court regarded the repeated appointment and resignation of AROs, together with ARO-III’s complaint that he had been obstructed and assaulted, as evidence that the election process was being impeded

Although the Court noted that the connection between the petitioner and the two named individuals was unclear, it observed that Raman Kumar was also a candidate for President and concluded that the two candidates’ conduct warranted their exclusion from the election

To enable the election to proceed, it ordered a fresh notice, police security at election-related stages, an additional observer, and an investigation following registration of an FIR.

It disqualified Raman Kumar and Sanjeev Tomar from contesting or participating in the elections; directed the concerned SHO to provide election security and register an FIR on the basis of ARO-III’s complaint, with investigation to proceed in accordance with law; and directed the Registrar of Co-operative Societies to appoint an additional observer