1 / 4 2025:CGHC:23467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2750 of 2025 Tara Singh S/o Sadhu Singh Aged About 85 Years R/o M.I.G.- 1/942, Hudco, Amdi Nagar, Bhilai, District Durg, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department of Commerce and Industries, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Assistant Registrar Firms And Societies, Padmanabhpur, District Durg, Chhattisgarh. 3 - Registrar Firms And Societies Durg Division Padmanabhpur, District Durg, Chhattisgarh. 4 - Gurudev Singh Earlier Posted As Vice- President, Shri Guru Singh Sabha Sector- 6, Bhilai, District Durg, Chhattisgarh. 5 - Harcharan Singh Aanand Earlier Posted As Vice- President, Shri Guru Singh Sabha Sector- 6, Bhilai, District Durg, Chhattisgarh. 6 - Manjinder Singh Earlier Posted As School Secretary, Guru Nanak School, Sector- 6, Bhilai, District Durg, Chhattisgarh. ... Respondents For Petitioner : Mr. Abhyuday Tripathi, Advocate For State : Ms. Poorva Tiwari, PL For Respondent No.6: Mr. Shreyansh Mehta, Advocate ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.06.16 10:29:31 +0530 2 / 4 (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 12/06/2025 1. The instant petition has been filed against the order dated 21/05/2025 passed by the Assistant Registrar, Firms & Societies, Padhmanabhpur, District Durg, whereby it has been ordered to conduct the new election for the post of office bearers within 45 days. 2. The petitioner has prayed for the following reliefs:- 10.1 The Hon’ble Court may kindly be pleased to quash and set-aside the order dated 21/05/2025 issued by the Assistant Registrar Firms & Societies, Padhmanabhpur, District -Durg. [ANNEXURE P/1]. 10.2 The Hon’ble Court may kindly be pleased to direct the respondent State to grant any other relief which this Hon’ble Court deems fit and proper in favour of the petitioner as per the facts & circumstances of the present case, in the ends of justice. 3. Learned counsel for the petitioner would contend that the petitioner is the President of Shri Guru Singh Sabha, which is a registered society under the Chhattisgarh Society Registrikaran Adhiniyam, 1973 and the petitioner was elected as the President of such Society on 06/10/2024 and his tenure as President is till 06/10/2029. He would next contend that the private respondents made a complaint before the Registrar Firm and Society, Padmanabhpur, District-Durg vide dated 09/03/2025 and thereafter on 21/05/2025 impugned order 3 / 4 was passed by the Assistant Registrar, Firms & Societies, Padhmanabhpur, District-Durg, whereby the directions have been issued to conduct the new-election for the post of office bearers i.e. President, Vice-President, General Secretary, Joint Secretary, Treasurer & Cashier within a period of 45 days and the said order is without any authority passed by the Assistant Registrar. 4. Per contra, learned State counsel as well as learned counsel for Respondent No.6 would contend that the Assistant Registrar has passed the order under Section 32 of the C.G. Society Registrikaran Adhiniyam, 1973. It is further contended that in compliance of the order of the Assistant Registrar order dated 21/05/2025 the election has already been conducted and the petitioner has already been participated in the election and a document has been filed by the Respondent No.6, which is taken on record, wherein at Sr. No.43 the name of the petitioner is mentioned. 5. It is the further contention of Respondent No.6 that the petitioner has not challenged the election dated 03/06/2025 and as per the provisions of Section 40 (1) of the Adhiniyam, 1973 an appeal shall lie if the order is made by the Registrar appointed under sub-section (1) of Section 4 either in original case or in appeal under clause (b) to the State Government and if the order is made by the sub-ordinate officers appointed under sub-section (2) of Section 4 or any other person to the Registrar appointed under sub-section (1) of Section 4. 6. I have heard learned counsel for the parties at length and perused the 4 / 4 documents with utmost circumspection. 7. Perusal of the provisions of Section 40 (1) of the Adhiniyam, 1973 makes it crystal clear that an appeal shall lie if the order is made by the Registrar appointed under sub-section (1) of Section 4 either in original case or in appeal under clause (b) to the State Government and if the order is made by the sub-ordinate officers appointed under sub-section (2) of Section 4 or any other person to the Registrar appointed under sub-section (1) of Section 4. Ttherefore, the alternative remedy is available to the petitioner and furthermore he has not challenged the election conducted on 03/06/2025, in such eventuality, no relief can be granted to the petitioner and the petition is not maintainable in view of the availability of alternative remedy. 8. Accordingly, the petition sans substratum is liable to be and hereby dismissed. SD/- (Arvind Kumar Verma) JUDGE ashu