The Delhi High Court has termed the appointment of an Administrator in the Anand Lok Cooperative Group Housing Society Ltd. by the Registrar of Cooperative Societies (RCS) as a “clear overreach”, noting that the action was taken just two days before the society’s scheduled elections and while the Court was already seized of an earlier dispute concerning the appointment of an Administrator.
A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan was hearing a petition challenging the RCS order dated July 31, 2026, under Section 35(5) of the Delhi Cooperative Societies Act, 2003. The order appointed an Administrator for 90 days or until completion of the election process, whichever was earlier.
The Court noted that the society’s elections had already been scheduled for August 2, 2026. It observed that the RCS, while aware of the scheduled elections, appointed an Administrator on July 31 on the ground that the tenure of the existing Managing Committee had expired.
The Bench took particular exception to the timing of the decision, observing that an earlier order of the Court had stayed the previous appointment of an Administrator and directed that the process for fresh elections should continue in accordance with law.
In these circumstances, the Court held that the RCS’s decision to supersede the Managing Committee was a “clear overreach”. The Bench said that the RCS ought to have sought the Court’s permission in the earlier writ petition or, alternatively, appointed an Observer to oversee the elections.
The Court also noted that an Administrator has various powers under the Act and questioned the vesting of those powers in an officer for only the two days preceding the scheduled elections.
The Bench further observed that the RCS has been appointing Administrators and superseding Managing Committees in several matters, sometimes even on “specious grounds”. At the same time, the Court clarified that there was no doubt that the RCS has the power to appoint an Administrator where such an appointment is required in accordance with law. However, it said that the repeated appointment of an Administrator in respect of the Anand Lok Society “raises doubts”.
The Court noted that the elections had since been conducted and that a new Managing Committee had been elected. It directed that the newly elected Managing Committee shall run the affairs of the society in accordance with law and that its functioning should not be interfered with by unsuccessful members or contestants.
The Court also directed the concerned RCS official who passed the July 31 order to remain present at the next hearing. It further ordered that the entire record relating to the elections be preserved and filed before the Court in a sealed cover by the Returning Officer.
The matter has been listed for further hearing on August 24, when the Court is expected to consider the issues arising from the Administrator appointments and the society’s management.
