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2026 DAILYLAW 26463 (PNJ)

SHANTI NIKETAN CO OPERATIVE GROUP HOUSING SOCIETY v. REGISTRAR COOPERATIVE SOCIETIES HARYANA AND OTHERS

CWP/18938/2026 · 2026-07-02

Sandeep Moudgil

body2026

Judgment text

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CWP-18938-2026 (O&M) 1 222 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18938-2026 (O&M) DECIDED ON:02.07.2026 SHANTI NIKETAN CO OPERATIVE GROUP HOUSING SOCIETY .....PETITIONER(S) VERSUS REGISTRAR COOPERATIVE SOCIETIES HARYANA AND OTHERS .....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Kshitij Sharma, Sr. Advocate with Mr. Aakriti Mittal, Advocate for the petitioner Mr. Aditya Grover, Advocate with Mr. Vineet Sehgal, Advocate and Mr. Satinder P. Singh, Advocate for the applicant in CM-10097-2026 Advocate Indu Kaul respondent No.4 in person Mr. Pardeep Solath, Advocate for the applicants in CM-10088-2026 and respondents No.5 to 8 in main case. Ms. Mayuri Lakhanpal Kalia, DAG Haryana SANDEEP MOUDGIL, J (ORAL) 1. The jurisdiction of this Court has been invoked under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari, for quashing the orders dated 27.05.2026 (Annexure P-5) and 29.05.2026 (Annexure P-7) passed by respondent Nos. 3 and 2, respectively, MEENU 2026.07.07 10:01 I attest to the accuracy and integrity of this document CWP-18938-2026 (O&M) 2 whereby the General Body Meeting of the petitioner-Society was stayed and the statutory appeal was dismissed as not maintainable, with a further direction to permit the Co-operative Society to convene and hold the General Body Meeting in accordance with the Haryana Co-operative Societies Act, 1984, and restraining the respondents from taking any coercive or prejudicial action against the petitioner- Society during the pendency of the present petition. 2. The petitioner-Society, registered under the Haryana Co-operative Societies Act, 1984, issued a notice dated 08.05.2026 convening a General Body Meeting on 31.05.2026. Upon a complaint, the Assistant Registrar, Cooperative Societies, Gurugram, vide order dated 27.05.2026, stayed the proposed General Body Meeting. The appeal preferred thereagainst came to be dismissed by the Deputy Registrar, Cooperative Societies, Gurugram, vide order dated 29.05.2026, holding the same to be not maintainable. Aggrieved thereby, the present writ petition has been filed. 3. During the course of hearing, it has been brought to the notice of this Court that the dispute essentially emanates from the controversy regarding the membership of the Society. It is stated that pursuant to earlier proceedings, the membership strength of the Society, originally comprising 98 members, came to be increased by inclusion of 74 additional members, taking the total strength to 172 members. The legality and validity of the said inclusion is already the subject matter of Revision Petition No. 79 of 2020, which is pending adjudication before the Special Secretary to Government, Haryana, Cooperation Department. 4. Learned senior counsel for the petitioner, learned State counsel, as well as learned counsel appearing for the private respondents, are ad idem that the present writ petition may be disposed of with a direction for expeditious disposal MEENU 2026.07.07 10:01 I attest to the accuracy and integrity of this document CWP-18938-2026 (O&M) 3 of the aforesaid revision, as the outcome thereof would have a direct bearing on the controversy involved in the present proceedings. 5. Accordingly, having regard to the consensus arrived at between the parties and the fact that the parties have already availed the alternative statutory remedy under the Haryana Co-operative Societies Act, 1984, this Court refrains from examining the merits of the controversy. 6. Therefore, without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the Principal Secretary, Cooperation Department, Government of Haryana to decide the Revision Petition No.79 of 2020, pending before the Special Secretary, Cooperation Department, Government of Haryana, by passing a reasoned and speaking order, after affording due opportunity of hearing to all concerned parties, within a period of one month from the date of receipt of a certified copy of this order, with no more than three adjournments, except for exceptional reasons to be recorded in writing. 7. However, till the aforesaid revision petition is finally decided by the Principal Secretary, no General Body Meeting pursuant to the notice in question shall be convened or conducted. 8. The writ petition stands disposed of in the above terms. 9. Pending applications stand disposed of. (SANDEEP MOUDGIL) 02.07.2026 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2026.07.07 10:01 I attest to the accuracy and integrity of this document