D.L MARKAM v. S.L.KARSH, PRESIDENT, BALCO SHIKSHAN SAMITI BALKO
WPC/3677/2025 · 2025-08-06
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32719 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32719 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39555
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3677 of 2025 1 - D.L Markam S/o. Shri K.S. Markam, Aged About 71 Years Secretary, Balco Shikshan Samiti Balko, District Korba (Chhattisgarh)
... Petitioner(s) versus 1 - S.L.Karsh, President, Balco Shikshan Samiti Balko District Korba (Chhattisgarh) 2 - Rajendra Singh Kanwar, The Alleged Vice President Of Balco Shikshan Samiti Balko, District Korba (Chhattisgarh) 3 - Ramesh Kumar Jatwar The Alleged Secretary Balco Shikshan Samiti Balko, District Korba (Chhattisgarh) 4 - Rajeev Das Kotre The Alleged Treasuer, Balco Shikshan Samiti Balko, District Korba (Chhattisgarh) 5 - Ganesh Singh Kanwar, The Allege Member, Balco Shikshan Samiti Balko, District Korba (Chhattisgarh) 6 - Registrar, Firms And Societies, Bilaspur, New Composite Building, Collectorate Premises, Bilaspur (Chhattisgarh) 7 - Assistant Registrar, Firms And Societies, Bilaspur, New Composite Building, Collectorate Premises, Bilaspur (Chhattisgarh)
... Respondent(s) For Petitioner(s) : Mr. Ashutosh Shukla, Advocate For Respondent/State For Respondent(s) : : Mrs. Akansha Verma Dabhadkar, Panel Lawyer Mr. Harshal Chouhan, Advocate
Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 07/08/2025
1. By way of the present petition, the petitioner has prayed for the
2 following reliefs:
“10.1 That, this Hon’ble Court may kindly call for the records pertaining to the case from respondent no. 1 and also from respondent no. 7 for its kind perusal and allow the petition. 10.2 Quash impugned order/letter dated 28.04.2025 (Annexure P/2) issued by the respondent no. 7, declaring it null and void. 10.3 Direct the respondent no. 7 to conduct fresh elections of the office bearers of Balco Shikshan Samiti Balko under proper supervision. 10.4 Direction respondent no. 7, Registrar, Firms & Societies to initiate disciplinary action against respondent no. 7 for dereliction of duty, negligence, and potentially for colluding in the issuance of a fraudulent list. 10.5 Appropriate direction for appropriate legal and disciplinary action against Shri S.L. Karsh for submitting forged documents and misleading the Assistant Registrar be also issued. 10.6 Grant any other reliefs which this Hon’ble High Court deems fit and proper in the facts and circumstances of the case be also granted to the petitioner alongwith cost of litigation, in the interest of justice.”
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2. Learned counsel appearing for the petitioner submits that the petitioner has filed the present petition against the impugned order/letter dated 28.04.2025 issued by the respondent no. 7 whereby this authority has with connivance of respondent no.
1 issued the list of office bearers of Balco Shikshan Samiti Balco. In this regard, the petitioner submitted representation before the respondent no. 7 on 05.05.2025 has not been considered. 3. On the other hand, counsel for the State opposes the contention made by the counsel for the petitioner and submits that there is an alternate remedy available to the petitioner under Section 40 of the C.G. Society Registration Act, 1963, therefore, this petition is not maintainable. 4. I have heard learned counsel for the parties at length and perused the record with utmost circumspection. 5. Looking to the facts and circumstances of the case and contentions of the counsels for the respective parties, since, there is an alternate remedy available to the petitioner under Section 40 of the Society Registration Act, 1963, therefore, the petitioner may file an appeal under the said provision, if so desire. 6. With the aforesaid observation, the present petition is disposed of. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima