W.P.(C) 10097/2026 $~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10097/2026 THE NAV SANSAD VIHAR CGHS LTD .....Petitioner Through: Mr. Vivek Kumar Tandon, Ms. Laxmi Gupta, Ms. Pooja Giri, Ms. Khushi, Mr. Aryan Narula, Ms. Uditi Uttam, Ms. Usharani Swain & Ms. Sneha Patwa, Advs. versus THE REGISTRAR OF COOPERATIVE SOCIETIES .....Respondent Through: Mr. Shashi Pratap Singh, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE VIKAS MAHAJAN O R D E R % 24.07.2026 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner- Nav Sansad Vihar CGHS ltd. (hereinafter, ‘the Society’) under Article 226 of the Constitution of India assailing the impugned order dated 14th July, 2026 (hereinafter, ‘the impugned order’) passed by the Registrar of Co-operative Societies (hereinafter, ‘RCS’). 3. Vide the impugned order, the RCS has directed the Society to keep the Special General Body Meeting (hereinafter, ‘SGBM’) , which was proposed on 19th July, 2026, in abeyance. The impugned order of the RCS reads as under: “Sir, I am directed to forward herewith a complaint received in this office from certain members of the 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 30/07/2026 at 15:25:09 W.P.(C) 10097/2026 society regarding alleged irregularities in the functioning of the Managing Committee. In this regard, you are hereby directed to furnish your comments/reply on the same within 07 days from the receipt of this letter. Furthermore, you are directed to keep the SGBM proposed to be held on 19.07.2026 in abeyance until this office receives and reviews the society reply/comments.” 4. The background of the present case is that the SGBM of the Society was fixed for 19th July, 2026, with various agenda points to be discussed, including: a) Expenditure to be incurred in repair, rehabilitation work of the Society; b) To discuss and approve the cost of repair (Rs. 33,000/- per flat); c) Discuss the issue of non-clearance of dues by various members and defaulters; d) Consider various amendments to Society’s bye-laws; e) Parking related payments; f) Functioning of Sanjay Club; g) Legal expenses and certain communication by email related issues. 5. A complaint is stated to have been sent to the RCS on 13th July, 2026, which was also emailed on 14th July, 2026, by the following three flat members: (i) Ms. Rashika Singh, Flat No. 721 (ii) Mr. Prasun Kumar Sharma, Flat No. 454 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 30/07/2026 at 15:25:09 W.P.(C) 10097/2026 (iii) Ms. Rajesh Kumari, Flat No. 132 6. Subsequently, the RCS vide the impugned order dated 14th July, 2026 at about 3:30 p.m., communicated to the President/Secretary of the Society, seeking a reply on the complaint and directing the Society to keep the SGBM in abeyance. The said order has been extracted hereinabove. 7. Mr. Tandon, ld. Counsel for the Petitioner, submits that there are more than 200 members in the Society and that, on the basis of a complaint made by three members, such sudden action has been taken by the RCS, thereby, in effect, postponing the entire SGBM itself. 8. Further, it is also submitted that the Society sought the appointment of an observer for the SGBM. However, the impugned order directing that the SGBM be kept in abeyance, has not been withdrawn by the RCS. Hence, the present petition. 9. The Court has considered the matter. Considering the fact that the total membership of the Society is around 200 members and that only three members had a grievance, the RCS ought to have acted in a proportionate manner and awaited the reply of the Society. Instead, it appears that the impugned order has been passed in great haste, which was not called for, that too at the behest of only three members. 10. In the overall facts and circumstances, it is the opinion of this Court that Societies ought to be run by their Managing Committees and in accordance with the decisions of the majority of its members. Accordingly, the SGBM shall now be rescheduled. 11. Under these circumstances, the following directions are issued: (i) The Society has decided to hold the SGBM on 2nd 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 30/07/2026 at 15:25:09 W.P.(C) 10097/2026 August, 2026. The RCS is at liberty to appoint an Observer to oversee the conduct of the SGBM so as to ensure that the same is conducted in a fair, peaceful and transparent manner. The entire proceedings of the SGBM shall be videographed by a professional videographer; (ii) The Society’s affairs shall be proceeded with in accordance with the decisions taken by the majority of members at the SGBM; (iii) Upon observing the SGBM, the observer shall submit a status report to the RCS; (iv) Insofar as the complaint received by the RCS is concerned, the RCS is at liberty to proceed in accordance with law; (v) If the Society wishes to file a reply to the said complaint, it shall be at liberty to do so; (vi) While deciding the said complaint, the RCS shall also take into consideration the status report submitted by the observer and issue appropriate directions, if any required, in accordance with law. 12. The petition is disposed of in these terms. Pending application, if any, is also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. JULY 24, 2026/dj/sm 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 30/07/2026 at 15:25:09