CS(OS) 878/2026 1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 878/2026 KISHOR KUMAR SHARMA .....Plaintiff Through: Mr. Rakesh Kumar Khanna, Senior Advocate and Mr. Shiven Banga, Advocate along with petitioner-in- person versus DEFENCE COLONY WELFARE ASSOCIATION & ORS. .....Defendants Through: Mr. Akash Arora and Mr. Savar Wahi, Advocates (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 26.09.2026 I.A. 26962/2026 (for exemption) Exemption allowed, subject to all just exceptions. CS(OS) 878/2026, I.A. 26959/2026 (for seeking ex parte ad interim injunction), I.A. 26960/2026 (seeking exemption from serving a notice to defendant no. 4) and I.A. 26961/2026 (for seeking exemption from court fee) 1. Present plaint has been received on allocation. 2. It be registered as suit. 3. Plaintiff is a resident of Defence Colony, New Delhi. 4. In terms of notice dated 30.08.2026 of defendant club i.e. Defence Colony (WA) Club, Election Programme-2026 was announced for electing office bearers and members of the Administrative Council as per following 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 28/09/2026 at 11:11:21 CS(OS) 878/2026 2 details:- Sr. No. Post Number (a) Vice President One (b) Hony. General Secretary One (c) Hony. Joint Secretary One (d) Hony. Treasurer One (e) Members Thirteen 5. Members, desirous of serving on the Administrative Council as office bearers or members, were requested to submit nomination in sealed envelope(s) by 07.09.2026 by 5.00 PM. Withdrawal was permissible before 5.00 PM on 11.09.2026. 6. Such elections are scheduled for tomorrow i.e. Sunday 27.09.2026 at 12:00 hours and would close at 15:00 hours. 7. There are, reportedly, 4000 members who would be casting votes. 8. Plaintiff herein had submitted nomination for the post of Hony. General Secretary. His nominal was rejected on the ground that latest property tax receipt had not been filed. According to him, after scrutiny, when the final list was released on 10.09.2026, it mentioned that the nomination of plaintiff herein had been rejected as he had not attached the latest property Tax Receipt. 9. There are very few other candidates also, who too have been, inter alia, held ineligible for said reason. 10. Admittedly, the aforesaid rejection was, earlier, challenged by plaintiff by filing writ petition which was registered as W.P.(C) No. 13975/2026 and learned Single Judge of this Court, observing that the plaintiff was resident of the colony and had prima facie shown payment of 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 28/09/2026 at 11:11:21 CS(OS) 878/2026 3 property tax for financial year 2025-26, directed the respondents herein to permit him to participate in the election process, subject to the final decision of the writ petition. Such order was passed on 22.09.2026 11. Said order was challenged and vide order dated 25.09.2026 passed by learned Division Bench in LPA No. 785/2026, the operation of the aforesaid order dated 22.09.2026 has been stayed, primarily, for the reason that prima facie writ petition was not maintainable as the club in question was a private association, not discharging any public function. 12. It is in the aforesaid backdrop that present suit has been filed, which also seeks urgent hearing and directions. 13. It is submitted that as per prevalent Rules and Regulations, the defendants could not have, even, demanded the property tax receipt. It is stated that the receipt provided was of house situated in Defence Colony and was latest one. It is argued that defendants cannot, in the garb of latest receipt, ask plaintiff to pay house-tax in advance, for the next financial year. 14. Interestingly, the primary prayer is to pass a decree of declaration, declaring the purported Election Programme-2026 and the election process initiated pursuant thereto illegal and arbitrary, the immediate next prayer is also to direct defendants to accept his nomination and to permit him to contest in the same very election process. It is argued that, if so directed they shall drop such primary prayer. 15. Learned counsel for defendants Nos. 1, 2 & 3 have joined the proceedings through videoconferencing and submits that copy of the present suit has been made available to them at a very last moment and they would like to bring on record certain fundamental facts before this Court. 16. During course of consideration Mr. Akash Arora, learned counsel for 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 28/09/2026 at 11:11:21 CS(OS) 878/2026 4 defendants revealed that the property tax receipt submitted by the plaintiff, alongwith his nomination form was neither the latest one nor pertaining to any property situated at Defence Colony. It was rather in connection with some property situated at A-Block, Preet Vihar. He submits that there was WhatsApp communication between the plaintiff and the Returning Officer and they would also like to place the same on record. During course of the arguments, he, inter alia, transmitted copy of property tax receipt as submitted by the plaintiff which indicates such receipt of Preet Vihar property only. Mr. Arora states on record that no copy of any property tax receipt pertaining to Defence Colony property was ever submitted by the plaintiff with them. He undertakes to produce the original record on the next date. 17. Aforesaid contentions have been refuted by learned Senior Counsel for plaintiff and he, on instructions from the plaintiff, submits that the property tax receipt submitted with the nomination form pertained to Defence Colony House only. 18. Since time is very short as the election is scheduled for tomorrow, this Court, keeping in mind the facts presented and contentions made, does not consider it appropriate to interfere with the ongoing election process and declines to give any ad interim direction for participation of the plaintiff in the abovesaid election. It is, albeit, clarified that election for the post of Hony. General Secretary of the defendant club would be subject to the outcome of the present suit. In order to avoid any future complication, let the other two candidates contesting for the aforesaid post be also made defendants in the present suit. Let written statement be filed within one week from today with advance copy to opposite side. 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 28/09/2026 at 11:11:21 CS(OS) 878/2026 5 19. At this stage, learned Senior Counsel for the plaintiff submits that since no ad interim relief is being granted, there would not be any purpose in pursuing with the present suit and he has instructions to withdraw the same. He has been requested to re-consider such decision but states that as per the specific instructions from the plaintiff, who is present in Court, plaintiff is no longer desirous of continuing with the suit in view of the above and would pursue his remedy before the writ court. 20. In view of the aforesaid specific statement coming from the side of plaintiff, the suit is permitted to be withdrawn. 21. It stands dismissed accordingly. 22. The pending application, as a necessary corollary, stand disposed of in aforesaid terms. MANOJ JAIN, J SEPTEMBER 26, 2026/dr/sy 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 28/09/2026 at 11:11:21