Disposed¶36

Naresh Bhutani and Ors. v. Regi Strar Co. Operative Societies and Anr.

Delhi HC2 Apr 2026W.P.(C)/10372/2025

Case brief

AI extract

What is this about?

W.P.(C) 10372/2025, CM APPLs.78561/2025, 78578/2025; Raksha Vikas CGHS Ltd.; cooperative society Managing Committee elections 06.04.2025; Section 70 Delhi Co-operative Societies Act 2003 reference; Registrar Cooperative Societies (RCS); appointment of Arbitrator and Returning Officer; fresh audit of Society fund; preservation of office records (S. 38); administrator (S. 37); Article 226 Constitution of India; disposed of 02.04.2026 by Prathiba M. Singh and Madhu Jain, JJ.

What did the court decide?

Direction to the RCS to decide the Section 70 reference (preservation of records and fresh audit) within four months as the outer limit; remaining prayers held satisfied/infructuous; petition along with pending applications disposed of. ¶36

Naresh Bhutani and Ors. Vs Regi Strar Co. Operative… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the High Court should direct the RCS to decide expeditiously the Petitioners' pending Section 70 petition (appointment of Arbitrator and Returning Officer, fresh audit, preservation of records) in view of the Society elections held on 06.04.2025.

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Court's answer

Some of the reliefs in the Section 70 petition are now infructuous as the elections have been conducted and the Managing Committee stands constituted; there is no need to appoint an Administrator.

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Ratio / Principle

The RCS is directed to take the decision on the reference under Section 70 of the Delhi Co-operative Societies Act, 2003, concerning preservation of records and fresh audit of the Society, within four months, which is the outer limit.

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Key takeaways

No further orders are called for as both the prayers now stand satisfied; the petition along with pending applications is disposed of in the above terms.ratio¶35

Detailed headnote1 paragraphs

Delhi High Court (Prathiba M. Singh and Madhu Jain, JJ.), order dated 02.04.2026 in W.P.(C) 10372/2025: Members of Raksha Vikas CGHS Ltd. filed an Article 226 writ petition challenging the Society's Managing Committee elections scheduled/held on 06.04.2025 and sought directions to the Registrar, Cooperative Societies to decide their pending Section 70 Delhi Co-operative Societies Act, 2003 petition (appointment of Arbitrator and Returning Officer, fresh audit, preservation of records). Since the elections were conducted and results declared, reliefs for an Administrator and Returning Officer were infructuous; the Court directed the RCS to take a decision on the Section 70 reference regarding preservation of records and fresh audit within four months (outer limit), found both surviving prayers satisfied, and disposed of the petition with pending applications.

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$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 10372/2025 & CM APPLs.78561/2025, 78578/2025 NARESH BHUTANI AND ORS. .....Petitioners

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Through: None.

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versus

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REGI STRAR CO OPERATIVE SOCIETIES AND ANR. .....Respondents Through: Mr. Sameer Vashist, ASC with Ms. Harshita Nathrani, Adv. for RCS. Mr. Anil Devlal, Mr. Rakesh Tiwari, Ms. Rita & Ms. Neetu Badolia, Advs. for R-2/Society. (M: 9911050900)

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE MADHU JAIN

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O R D E R

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% 02.04.2026

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This hearing has been done through hybrid mode.

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The present petition has been filed under Article 226 of the Constitution of India by the Petitioners-Mr. Naresh Bhutani, Mr. Arvinder Singh and Mr. Vikas Chopra, who claim to be the members of the Raksha Vikas CGHS Ltd. (hereinafter ‘Society’ ), challenging the elections, which were scheduled on 6^th April, 2025.

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The further prayer of the Petitioners is to direct the Registrar Cooperative Societies (hereinafter, ‘RCS’ ) to decide expeditiously the petition filed by the Petitioners under Section 70 of the Delhi Co-operative Societies Act, 2003 seeking appointment of Arbitrator and the Returning Officer as also for fresh audit of the Society.

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None appears for the Petitioners.

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The RCS has filed its affidavit. The stand of the RCS is that insofar as

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Page 1 of 3

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W.P.(C) 10372/2025

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 13:17:27

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the petition filed under Section 70 of the Delhi Co-operative Societies Act, 2003 is concerned, it is candidly admitted that there was some delay in considering the same. However, a letter of the Returning Officer dated 6^th April, 2025 has been placed on record, as per which the Managing Committee of the Society has been elected and results have also been declared.

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The Society has also filed a counter affidavit wherein various allegations have been raised against the Petitioners forcreation of commotion and disturbing the peace, in the Society. It is further submitted on behalf of the Society that the daughter of Petitioner No.1 purchased a flat in the Society. Various proceedings have also been initiated by the daughter of the Petitioner No.1 against the Society. The Petitioners are stated to be making derogatory remarks, behaving in a rebellious manner and not extending cooperation to the Managing Committee of the Society.

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Further, the stand of the Society is that the elections of the Managing Committee of the Society have been conducted in accordance with law and Audit has also been completed. 8. Heard. The prayers in the petition under Section 70 of the Delhi Cooperative Societies Act, 2003 are as under:

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“4. Relief either simple or in the alternative which the claimant claims.

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In the light of the foregoing submissions and the glaring impropriety and deliberate misconduct of the defendants, it is therefore most respectfully prayed that this Ld. Registrar may kindly be pleased to:-

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a. removed the management committee and appoint an administrator to manage the affairs of the society under Section 37 of the Act; and

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b. appoint a Returning Officer, an official from the office of Ld. Registrar of Society or as deemed fit,

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Page 2 of 3

¶27

W.P.(C) 10372/2025

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 13:17:27

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to conduct the free and impartial election of the Management committee; b. direct to conduct a fresh audit of the society fund from 2019 to date;

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c. preserve the office record of society under Section 38 of the Act;

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e. declare that the management committee were holding the posts of office bearers without proper society elections; f. debarred the defendants from contesting the society election; and g. pass any other order(s), as this Ld. The Registrar may deem fit, proper, just and expedient in the interest of justice.”

¶33

Some of the reliefs are now infructuous as the elections have been conducted and the Managing committee stands constituted. There is thus no need to appoint an Administrator.

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Insofar as the preservation of the records and directing fresh Audit of the Society is concerned, let the decision on reference under Section 70 of the Delhi Co-operative Societies Act, 2003 be taken by the RCS within a period of four months, which is the outer limit.

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No further orders are called for in the matter as both the prayers now stand satisfied.

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The petition, along with pending applications, are disposed of in the above terms.

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PRATHIBA M. SINGH, J.

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MADHU JAIN, J.

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APRIL 2, 2026/ dk/ck

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Page 3 of 3

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W.P.(C) 10372/2025

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 13:17:27

Naresh Bhutani and Ors. v. Regi Strar Co. Operative Societies and Anr.

Case brief

What is this about?

What did the court decide?

Naresh Bhutani and Ors. v. Regi Strar Co. Operative Societies and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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