PRADEEP KUMAR v. REGISTRAR CO-OPERATIVE SOCIETY & ANR.
W.P.(C)/1469/2025 · 2025-03-20
Prathiba M Singh, Rajneesh Kumar Gupta
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9148 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9148 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1469/2025 PRADEEP KUMAR .....Petitioner Through: Ms. Yashika Kapoor, Advocate. versus REGISTRAR CO-OPERATIVE SOCIETY & ANR. .....Respondents Through: Mr. Abhinav Sharma and Mr. Shreesh Pathak, Advocates for R-2 with Mr. Abhishek Sharma, Legal Officer. CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 02.04.2025
1. This hearing has been done through hybrid mode. CM APPL. 19190/2025 (for substitution of Returning Officer)
2. The present application has been filed by the Respondent No.2 - Jain Cooperative Bank Ltd. under Section 151 of the Code of Civil Procedure, 1908 inter alia seeking substitution of the Returning Officer (hereinafter, ‘RO’) appointed by this Court vide order dated 20th March, 2025. 3. Vide order dated 20th March 2025, this Court appointed Mr. Mahesh Gupta (Retd. DHJS) as the RO to conduct elections of the Managing Committee of the Respondent No. 2. The relevant portion of the said order reads as under:
“4. In this petition, the only relief sought from the Court is to direct the RCS or the Managing Committee to appoint a Returning Officer for conducting elections. Considering that neither entities have appointed the Returning Officer, this Court deems it appropriate to appoint a Returning Officer for conducting the elections. 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 04/04/2025 at 14:00:10
5. Accordingly, Mr. Mahesh Gupta (Retd. DHJS) (Mobile No. 9910384727) is appointed as the Returning Officer. 6. The Returning Officer shall conduct the elections in terms of the Delhi Co-operative Societies Act, 2003 read with the Delhi Co-operative Societies Rules, 2007 and the Bye-laws of the society. The election shall be completed by 31st July 2025.”
4. Ld. Counsel for the Respondent No. 2 submits that the appointed RO has expressed some difficulty to proceed and function as the RO for conducting the elections due to his ill health and personal difficulty. 5. In view thereof, Mr. Vimal Kumar Yadav, Principal District & Sessions Judge (Contact No. 9910384696) is appointed as the Returning Officer with the same mandate, as was directed in the order dated 20th March, 2025. 6. The fee of the RO is fixed at Rs.
2,00,000/- which is to be paid by the Respondent No. 2 - Society. 7. The application is disposed of. PRATHIBA M. SINGH, J RAJNEESH KUMAR GUPTA, J APRIL 2, 2025/nd/ck 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 04/04/2025 at 14:00:10