Case Analysis Krishi Pragati Cooperative Ltd vs Union of India & Ors 2026 DHC 2705-DB
Synopsis
This judgment by the Delhi High Court addresses a challenge to the appointment of an Administrator for the National Cooperative Union of India (NCUI) under Section 123 of the Multi-State Co-operative Societies Act, 2002. The petitioner, a member of NCUI, challenged the order dated 19.01.2026 appointing an Administrator on the ground that elections had not been held. The court, while not deciding the status of NCUI as a "specified multi-state cooperative society," directed that the Administrator conduct elections within four months. Critically, the court held that the electoral roll for the elections shall be as on the date of the Administrator's appointment (19.01.2026) and that the Administrator does not have the power to enrol new members, relying on Supreme Court precedents in K. Shantharaj and Joint Registrar of Coop. Societies Kerala. The petition was disposed of accordingly.
1. Heading for the judgment
Delhi High Court directs Administrator to conduct NCUI elections within four months; holds that electoral roll shall be as on date of appointment and new members cannot be enrolled by Administrator.
Citation: Krishi Pragati Cooperative Ltd v. Union of India & Ors., W.P.(C) 3956/2026, decided on 30.03.2026 (Delhi High Court - DB)
Coram: Hon'ble Ms. Justice Prathiba M. Singh and Hon'ble Ms. Justice Madhu Jain (Division Bench)
Core Law: Multi-State Co-operative Societies Act, 2002 (Sections 123, 124); Constitution of India (Article 226).
2. Legal framework
This judgment interprets the powers of an Administrator appointed under the Multi-State Co-operative Societies Act, 2002, particularly regarding the conduct of elections and modification of the electoral roll.
Multi-State Co-operative Societies Act, 2002 (MSCS Act):
Section 123(1): Empowers the Central Government to supersede the Board or Governing Council of a multi-state cooperative socie
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