Delhi HC Restores RCS-Appointed Returning Officer After President’s Son’s Lawyer-Client Link Raises Impartiality Doubts

The petition concerned elections to Akash Bharti Cooperative Group Housing Society Ltd. The Society’s Managing Committee had appointed J.P. Sharma as Returning Officer.

Following members’ complaints, the Registrar of Co-operative Societies (RCS) replaced him with Ram Kumar Sawant on 19 October 2026.

The Society appealed to the Delhi Cooperative Tribunal (DCT), which stayed the RCS order on 27 October and adjourned the appeal to 4 November 2026.

The petitioners challenged those orders, alleging that Sharma’s connection with the Society’s President compromised his impartiality and that members had been placed on a defaulters’ list to affect the election.

The Court also noted that the RCS had decided the dispute concerning DG-set and solar charges on 16 October 2026, but the petitioners had not disclosed that order.

A Returning Officer appointed to conduct an election must be “completely above board”; a relationship with a Society office-bearer, including a lawyer-client relationship, may raise doubts about the Returning Officer’s impartiality.

Section 70 of the Delhi Co-operative Societies Act, 2003 was identified as the route by which members could pursue a dispute concerning DG-set and solar charges; any payment of those charges would remain subject to the outcome of such proceedings.

The Court found that the President’s explanation—that his son, rather than the President, had represented Sharma—did not dispel the impartiality concern.

A prior writ-court order recorded appearances by both the President and his son for Sharma, supporting the RCS’s decision to appoint Sawant instead.

On the defaulters’ list, the Court criticised the petitioners for failing to disclose the RCS’s 16 October order, but nevertheless directed a practical resolution permitting the listed members to participate if they paid specified outstanding charges by the deadline.

Because “Others” charges were ambiguous, the Court did not require payment of those charges at that stage.

It directed Returning Officer Sawant to issue nomination forms to members wishing to contest; the 55 persons on the defaulters’ list were required to pay outstanding maintenance, parking, DG-set and solar charges by 10 November 2026 to participate in the election, with DG-set and solar payments subject to any Section 70 proceedings.

No payment order was made for charges categorised as “Others.”

Sawant was directed to video-record the election on 15 November 2026 and declare the results that day; members were prohibited from obstructing the process.