Registrar must decide membership-transfer claims after verifying prescribed forms and society-issued documents within prescribed timelines.

The Petitioner claimed to have purchased Flat No. 163 in Evergreen Cooperative Group Housing Society Ltd., Dwarka, from the previous owner, Mr. K.R. Hingorani, who held Membership No. 244 in the Society.

The transaction was allegedly supported by an Agreement to Sell dated 11 February 2003, and the Petitioner stated that he had remained in possession of the flat while repeatedly requesting the Society to transfer the membership in his favour.

As the Society did not act on his requests, the Petitioner submitted a representation dated 19 March 2025 to the Registrar of Cooperative Societies under Section 91 of the Delhi Cooperative Societies Act, 2003 (“DCS Act”).

Since no action was taken by the Registrar, the Petitioner invoked Article 226 of the Constitution seeking a time-bound decision on his representation.

The Registrar submitted that the Petitioner had filed only representations and had not placed on record the forms required under Rule 92(2) of the Delhi Cooperative Societies Rules, 2007, namely Forms 20 and 21.

Whether the Registrar of Cooperative Societies should be directed to consider and decide the Petitioner’s representation under Section 91 of the DCS Act concerning transfer of membership and shares in the Society?

Whether the Society should first process the requisite forms and issue a No-Objection Certificate and membership confirmation in favour of the Petitioner?

Whether the Registrar could decide the question of membership and transfer of shares even if the Society failed to issue the No-Objection Certificate or membership confirmation?

The Court applied Section 91 of the Delhi Cooperative Societies Act, 2003, under which the Registrar is empowered to consider applications concerning grant of membership and related cooperative-society matters; the Petitioner relied on the statutory period of 30 days for grant of membership.

The Court also referred to Rule 92(2) of the Delhi Cooperative Societies Rules, 2007, which requires submission of the prescribed forms, including Forms 20 and 21, for processing membership transfer.

The judgment further proceeded on the principle that the Society must first verify the prescribed documents and dues, but the Society’s failure to issue the requisite certificates cannot prevent the statutory authority from examining and deciding the membership claim.

The Court noted the substantial delay in transferring the Petitioner’s membership and recognized that the Petitioner’s claim could not remain undecided merely because the procedural forms had not been placed on record.

It therefore required the Petitioner to appear before the Society and submit the prescribed forms together with maintenance and other requisite charges.

The Society was directed to examine those materials and issue a No-Objection Certificate and membership confirmation within one month.

The Court also safeguarded the Petitioner against inaction by directing that, if the Society failed to issue the certificates, a senior office bearer would have to appear before the Registrar, who would nevertheless consider the Petitioner’s Section 91 representation.

After examining the documents and hearing the relevant parties, the Registrar was directed to decide the grant of membership and transfer of shares; if approved, the Registrar would recommend the matter to the DDA for issuance of allotment in the Petitioner’s favour.

The Petitioner was directed to submit the requisite forms and dues to the Society; the Society was directed to issue the No-Objection Certificate and membership confirmation within one month.

The Registrar was directed to meet the Petitioner and the Society’s office bearers on 4 November 2026 at 11:30 a.m. and, irrespective of the Society’s cooperation, decide the Petitioner’s representation under Section 91 of the DCS Act by 15 December 2026.

If membership was approved, the Registrar was to recommend the transfer to the DDA for issuance of allotment in the Petitioner’s favour.