Rights of Declared Candidates Upheld: Delhi High Court Rules in Favor of Election Participation Despite Disqualification Order

Delhi High Court has made a significant decision regarding the election process of the Supreme Court Bar Association Multi-State Cooperative Group-Housing Society Ltd. The court upheld the rights of the declared candidates to participate in the elections, despite a disqualification order by the Central Registrar of Cooperative Societies.

The petition, challenging the authority and jurisdiction of the disqualification order, was heard by the Acting Chief Justice and Ms. Justice Manmeet Pritam Singh Arora. The order in question had disqualified 15 elected members of the outgoing Board from being elected as members for a period of five years.

In a statement that underscores the essence of the judgment, the Court observed, “The impugned order shall operate prospectively,” indicating that the rights of the candidates declared in the final list published on January 11, 2024, remain unaffected by the disqualification order.

The petitioners argued that the order was without jurisdiction, contrary to the Multi-State Co-operative Societies Rules, 2002, and that it was inappropriate to exclude candidates on the eve of the elections. The Court noted the completion of the nomination process and the publication of the final list of candidates, emphasizing the importance of these procedural milestones in the election process.

Respondent Nos. 7 and 8, who appeared in person, argued for the legitimacy of the disqualification order under Section 43(2) of the Multi-State Co-operative Societies Act, 2002. However, the Court’s decision focused on the timing and procedure followed in the election process, particularly the role and declarations made by the Returning Officer.

Ultimately, the High Court directed that the elections be conducted as per the final list of candidates, including those who were subject to the disqualification order. However, the Court reserved the right for the petitioners, as well as the respondents, to pursue their statutory remedies against the impugned order.

Date of Decision: 16th January, 2024

ARUN KUMAR MISHRA & ORS. VS UNION OF INDIA AND ORS.