1 2025:CGHC:17025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6329 of 2024 1 - Gopal Kumar Agrawal S/o Kanahiya Lal Agrawal Aged About 53 Years R/o Swarn City Darri Road, Korba, District Korba Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Secretary Department Of Trade And Industries, Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh 2 - Registrar Firms And Socities Chhattisgarh, Raipur Chhattisgarh 3 - Assistant Registrar Firms And Socities, Bilaspur Chhattisgarh 4 - Shri Shyam Mitra Mandal Society Having Its Office At Mission Road, Korba, District Korba, Chhattisgarh Through Its Secretary 5 - Manoj Agrawal (Manni) President, Shri Shyam Mitra Mandal Society, R/o Mohan General Store, Patharipara, Korba, District Korba Chhattisgarh 6 - Nitish Dalmia Secretary Shri Shyam Mitra Mandal Society, R/o Kalyani Agency, Near Sai Coaching, Tp Nagar Korba, District Korba Chhattisgarh 7 - Deepak Mittal Treasurer, Shri Shyam Mitra Mandal Society, R/o Sitamani In Front Of Bansilal Mahto, Korba, District Korba Chhattisgarh 8 - Rohini Sultania Past President, Shri Shyam Mitra Mandal Society, R/o Sarvamangla Steels, Subuddha Complex, T.P. Nagar, Korba, District - Korba Chhattisgarh RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.04.21 19:46:35 +0530 2 9 - Vimal Modi Past Secretary, Shri Shyam Mitra Mandal Society, R/o Vidyarthi Book Depot, Main Road, Korba, District - Korba Chhattisgarh 10 - Ashok Modi Chief Election Officer, Krishna Hyundai, Sitamani Road, Korba, District Korba Chhattisgarh 11 - S.K. Agrawal Chief Election Officer, Near Hotel Maharaja, Transport Nagar, Korba District Korba Chhattisgarh 12 - Santosh Agrawal Assistant Election Officer, Anmol Motors, Near Hotel Blue Diamond, Transport Nagar, Korba, District Korba Chhattisgarh 13 - Mahavir Kedia Assistant Election Officer Sitamani Road, Korba, District Korba Chhattisgarh 14 - Rajkumar Agrawal Assistant Election Officer, Shweta Constructions, Near Maharaja Hotel, Transport Nagar, Korba, District Korba Chhattisgarh 15 - Kailash Agrawal Assistant Election Officer, Swarn City Darri Road, Korba, District Korba Chhattisgarh ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Harsh Wardhan, Advocate For State/Respondents No.1 to 3. : Mr. R. K. Gupta, Additional Advocate General For Respondents No.5 & 7. : Mr. Shailendra Shukla, Sr. Advocate along with Mr. Dinesh Kumar Bole, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 11/04/2025 1. Heard Mr. Harsh Wardhan, learned counsel for the petitioners. Also heard, Mr. R. K. Gupta, Additional Advocate General for the State/respondents No.1 to 3 as well as Mr. Shailendra Shukla, Sr. Advocate along with Mr. Dinesh Kumar Bole, Advocate for the respondents No.5 & 7. 3 2. By way of this writ petition, the petitioners have prayed for following reliefs: “10.1 This Hon'ble Court may kindly be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of the grievance of the petitioners including all the requires of the respondent society. 10.2 That, this Hon'ble Court may kindly be pleased to direct the quash and set aside the entire election of the respondent Nos. 5 to 7 and declare the same to non-est and void ab initio. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent Registrar, Firms and Societies to conduct detailed inquiry in respect of the complaints. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent Registrar, Firms and Societies to ensure fresh elections of the respondent association/society, in accordance with law. 10.5 That, the Hon'ble Court may be pleased to grant any other relief including cost of the petition to the petitioners, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.” 3. Learned counsel for the petitioners submits that he has filed a complaint on 29.05.2024 (Annexure P/2) and 08.07.2024 (Annexure P/3), which are pending for consideration, as such, he is praying for limited relief that the respondent No.2 Registrar, Farms and Societies, Raipur be directed to consider his complaint and to decide the same in a expeditious manner as it is lying pending since 2024. He has further submitted that an Election Petition has already been filed on 17.10.2024, however, it is yet to be decided. 4 4. On the other hand learned counsel for the respondents submits that while deciding the complaint the the respondent No.2 Registrar, Farms and Societies, Raipur has to see the cause of action also, as such, if the the respondent No.2 Registrar, Farms and Societies, Raipur considers the cause of action, the direction can be issued for deciding the same. 5. I have heard learned counsel for the parties and also perused the material available on record. 6. Considering the aforesaid facts and circumstances that since 2024, the compliant is lying pending before the concerned authority as such, the respondent No.2 Registrar, Farms and Societies, Raipur is directed to consider the same and to decide the same in accordance with law within 45 days from the date of production of copy of this order. 7. It is made clear that this Court has not expressed any thing on merits and the respondents may consider the case of the petitioner on its own merits. 8. The respondent No.2 Registrar, Farms and Societies, Raipur is at liberty to pass appropriate order in accordance with law giving proper opportunity of hearing to all the parties. 9. With the aforementioned observation/s and direction/s, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi