1 2025:CGHC:32900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3651 of 2025 1 - Sukhchand Dewangan S/o Manna Ram Dewangan Aged About 58 Years Caste- Costa R/o Village- Korguda, Tahsil - Doundilohara, P.S. And District- Balod Chhattisgarh. 2 - Deman Lal S/o Bharat Lal Dewangan Aged About 40 Years Caste- Costa R/o Village- Korguda, Tahsil- Doundilohara, P.S. And District- Balod, Chhattisgarh. 3 - Chetan Lal S/o Shri Kartik Ram Dewangan Aged About 55 Years Caste- Costa R/o Village- Korguda, Tahsil Doundilohara, P.S. And District- Balod, Chhattisgarh. 4 - Radhe Lal Dewangan S/o Bisouha Ram Dewangan Aged About 45 Years Caste- Costa, R/o Village- Korguda, Tahsil - Doundilohara, P.S. And District- Balod, Chhattisgarh. 5 - Sudama S/o Bolu Ram Dewangan Aged About 55 Years Caste- Costa R/o Village- Korguda, Tahsil - Doundilohara, P.S. And District- Balod Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Co-Operative, Department Mahanadi Bhawan, Mantralaya Raipur District- Raipur Chhattisgarh. 2 - Joint Registrar Co-Operative Societies, Durg Division, Bunkar Singh Bhavan, Station Road, Santara Badi, Durg, Distt,- Durg (C.G.) 3 - Assistant Registrar Co-Operative Societies Balod, District- Balod, Chhattisgarh. 4 - Deputy Registrar Co-Operative Society Balod District- Balod Chhattisgarh. 5 - Rupsing Dewangan S/o Liladhar Dewangan Aged About 52 Years (Ex President Mahavir Bunkar Sahakari Samiti Maryadit Korguda Registration Digitally signed by JYOTI JHA Date: 2025.07.16 11:05:08 +0530 2 No. 2146, Korguda Tahsil - Doudilohara Ditrict- Balod Chhattisgarh). 6 - Dinesh Kumar Dewangan S/o Bihari Ram Dewangan Aged About 35 Years (Ex Vice President), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 7 - Redlal Dewangan S/o Kashi Ram Dewangan Aged About 45 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 8 - Anokh Ram Dewangan S/o Ramchand Aged About 45 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 9 - Naval Chand S/o Gokul Ram Dewangan Aged About 45 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 10 - Prabhu Ram S/o Devsing Dewangan Aged About 63 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 11 - Smt. Kalyani Bai W/o Rajkumar Dewangan Aged About 45 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 12 - Smt. Purnima W/o Naval Chand Dewangan Aged About 43 Years (Ex Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 13 - Sukhit Ram S/o Fattu Ram Aged About 42 Years (President), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 14 - Shankar Lal S/o Punau Ram Dewangan Aged About 50 Years (Vice President), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 15 - Bedlal S/o Maniram Dewangan Aged About 55 Years (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 16 - Bhushan Lal S/o Bisheshar Dewangan Aged About 54 Years (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 17 - Shatruhan Lal S/o Liladhar Dewangan Aged About 52 Years (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 3 18 - Anjani Bai D/o Bhushan Lal Dewangan Aged About 52 Years (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 19 - Smt. Urmila Bai W/o Bishal Dewangan (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 20 - Smt. Meena Bai W/o Parshuram Dewangan Aged About 54 Years (Member Of Board Director), R/o Village - Korguda, Tahsil - Doudilohara, District- Balod, Chhattisgarh. 21 - Shankar Lal Dadsena, Manager Mahavir Bunkar Sahakari Samiti Maryadit Korguda Registration No. 2146, Korguda Tahsil - Doudilohara District- Balod Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Dhaneshwar Yadav, Advocate For Respondent-State : Mr. Rishabh Bisen, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 15/07/2025 1. Counsel for the Petitioner prays for the following relief(s):- “(I) That, the Hon’ble Court may kindly be pleased to set aside the impugned order dated 23.02.2023 passed by the respondent No. 2 in the interest of justice. (ii) That, the Hon’ble Court may kindly be pleased to set aside the order dated 26.07.2020 passed by the respondents expelling the petitioners from the primary membership of the Mahaveer Weavers Co-operative Society Limited, Korguda (registration No. 2146). (iii) That, the Hon’ble Court may be pleased to direct the respondent to take the petitioners in the primary membership of the soceity. (iv) This Hon’ble Court may kindly be pleased to provide the cost of the petitioner and other expenses suffered by the petitioner & kindly be pleased to call for entire records from the office of the respondents in respect of the petitioner claim. (v) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner 4 is challenging the impugned order dated 23.02.2023 passed by the respondent No. 2 whereby the respondent No. 2 dismissed the appeal filed by the petitioners and confirmed the order dated 26.07.2020 whereby the petitioner were expelled from the membership of the society by the office of Mahavir Bunkar Sahakari Samiti Maryadit Korguda Registration No. 2146, Korguda Tahsil Doudilohara District Balod Chhattisgarh without considering the evidence, documents and pleading of the petitioner. Therefore the impugned order dated 23.02.2023 is illegal and liable to be quashed. 3. Learned counsel for respondents that with regard to the grievance of the petitioner, there is an alternative remedy is available to petitioner to file second appeal under Section 78(2) of the Chhattisgarh Cooperative Societies Act 1960. 4. I have heard learned counsel for the parties and perused the material available on record. 5. Section 78(2) of the Chhattisgarh Co-Operative Societies Act 1960 provides that a second Appeal shall lie against any order passed in the first appeal by the registrar, to the Tribunal. 6. Considering the submission of the respondents and considering the facts and circumstances of the case, this Court is of the opinion that there is an alternative remedy is 5 available to the petitioner to file second appeal under Section 78(2) of the Chhattisgarh Co-Operative Societies 1960. Accordingly, the writ petition is disposed of with the aforesaid liberty. 7. It is made clear that this Court has not observed anything on the merits of the case. Sd/- (Arvind Kumar Verma) Judge Jyoti