Upon setting aside a cooperative society election, the RCS must appoint an Administrator-cum-Returning Officer.

The Petitioners, members of Patel CGHS Ltd., Rohini, sought directions to the Registrar of Cooperative Societies (“RCS”) to appoint an Administrator-cum-Returning Officer under Section 35(5) of the Delhi Cooperative Societies Act, 2003, for conducting fresh elections to the Society’s Managing Committee.

The Society’s earlier election had been set aside by a sole Arbitrator’s award dated 12 January 2026, which was upheld by the Delhi Cooperative Tribunal on 12 May 2026 upon findings of irregularities in the election process.

In an earlier writ petition, the High Court declined to interfere with the concurrent factual findings and directed that fresh elections be conducted by a Returning Officer already appointed by the RCS.

The appointed Returning Officer subsequently resigned on 10 August 2026 due to personal reasons relating to his parents’ ill-health, and no effective steps had been taken to conduct the elections.

Whether, following the setting aside of the Society’s earlier Managing Committee election and the resignation of the appointed Returning Officer, the RCS was required to appoint an Administrator-cum-Returning Officer to conduct fresh elections.

What directions were necessary to ensure the timely, lawful, and financially regulated conduct of the fresh elections.

The Court applied Section 35(5) of the Delhi Cooperative Societies Act, 2003, concerning the appointment of an Administrator-cum-Returning Officer to facilitate the administration and conduct of elections in a cooperative society.

It also applied the principle that fresh elections must be conducted in accordance with the Delhi Cooperative Societies Act and the applicable Rules.

Further, the Court reiterated that, in writ jurisdiction, concurrent factual findings of an arbitrator and the Delhi Cooperative Tribunal ordinarily will not be disturbed unless shown to be perverse, arbitrary, or affected by manifest illegality.

The earlier Managing Committee election had already been invalidated by the Arbitrator and the Tribunal, and the High Court had directed that fresh elections be held.

Although the RCS had appointed a Returning Officer, his resignation meant that the prior direction could not be effectively implemented.

In these circumstances, and since the Society could not remain without a validly elected Managing Committee, the Court directed the RCS to appoint an Administrator-cum-Returning Officer under the statutory framework.

To preserve the Society’s funds and prevent misuse during the interim period, the Court limited expenditure to day-to-day expenses and election-related costs.

The appointee was directed to take steps for conducting the fresh elections in accordance with law, with the elections to be concluded by 30 November 2026.

The Society’s funds were restricted to day-to-day and election-related expenditure, and unnecessary or untoward expenditure was prohibited.

Pending applications, if any, were also disposed of.