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High Court of Chhattisgarh · body

2025 DAILYLAW 52728 (CHH)

ANUJ SHRIVASTAV v. STATE OF CHHATTISGARH

WPC/6609/2025 · 2025-12-16

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:61721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6609 of 2025 1 - Anuj Shrivastav S/o Pramod Shirvastav Aged About 35 Years R/o Anuj Bal Mandir, Yamuna Nagar, Mangala, Bilaspur, District- Bilaspur (C.G.) 2 - Amit Santwani S/o Heeralal Santwani Aged About 35 Years R/o Sindhi Mohalla, Masanganj, Bilaspur, District- Bilaspur, C.G. 3 - Utpal Sen Gupta S/o Uttam Sen Gupta Aged About 37 Years R/o Geetanjali Nagar Phase- Ii, Sarkanda, Bilaspur, C.G. 4 - Mahfoos Khan S/o Abdul Mobin Khan Aged About 39 Years R/o Nayapara, Sirggitti, Bilaspur, District- Bilaspur, District- Bilaspur, C.G. 5 - Rakesh Singh Parihar S/o R.P. Singh Parihar Aged About 44 Years R/o Shanti Nagar Near Water Tank, Bilaspur, District- Bilaspur, C.G. 6 - Govind Gaur Sharma S/o R.N. Gaur Aged About 51 Years R/o Royal Orchet Apartment, Indrasen Nagar 27 Kholi, Bilaspur, District- Bilaspur, C.G. 7 - Rama Dhiman S/o Ramesh Dhiman Aged About 49 Years R/o Nerala Nagar, Old Bus Stand Bilaspur, District- Bilaspur, C.G. 8 - Bharti Yadav D/o Raghunath Yadav Aged About 42 Years R/o Near Madhav Talab, Bharti Nagar, Bilaspur, District- Bilaspur, C.G. 9 - Manmohan Patrey S/o Ashok Kumar Patrey Aged About 30 Years R/o Majhwapara, Tilak Ward Mungeli, District- Mungeli, C.G. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.17 18:34:50 +0530 2 10 - Mahendra Gond S/o Girdhari Gond Aged About 27 Years R/o Budhwari Road Near Railway School, Kaiwartpara, Shankar Nagar, Bilaspur, District- Bilaspur, C.G. 11 - Prerna Vishwakarma D/o Late Suresh Vishvakarma Aged About 30 Years R/o Gandhi Chowk, Fazalwada, Juna- Bilaspur, District- Bilaspur, C.G. 12 - Swapnil Tawadkar S/o Jaganath Tawadkar Aged About 30 Years R/o Brahaspati-Bazar, Bilaspur, District- Bilaspur, C.G. 13 - Niyazul Hqu S/o Tazul Huq Aged About 39 Years R/o Yadunandan Nagar Tifra Bilaspur, District- Bilaspur, C.G. 14 - Ashish Shivas S/o Ram Gopal Shrivas Aged About 32 Years R/o Vivekanand Nagar, Mopka, Bilaspur, District- Bilaspur, C.G. 15 - Manish Kumar Pal S/o Gagan Charan Pal Aged About 29 Years R/o Chuchuhiyapar, Ganesh Nagar, Near Govt. School, Bilaspur, District- Bilaspur, C.G. 16 - Jiyaulla Khan S/o Late Moh. Abdulla Aged About 39 Years R/o Yadunandan Nagar, Tifra, Bilaspur, District- Bilaspur, C.G. 17 - Sanjiv Singh S/o Suraj Singh Aged About 39 Years R/o Kasturba Nagar, Kargil Chowk, Yadav Gali, Jarhabhata, Bilaspur, District- Bilaspur, C.G. 18 - Kripashankar Sharma S/o Late Anand Prasad Shrama Aged About 51 Years R/o Ward No. 12, Sirgitti Kirti Nagar, Bilaspur, District- Bilaspur, C.G. 19 - Neeraj Shukla S/o Late M. Shukla Aged About 44 Years R/o Ward No. 44, Old Dl.S. Collage Chatidhih, Rajashwa Colony, Bilaspur, District- Bilaspur, C.G. 20 - Shamsher Singh Thakur S/o Ashok Singh Thakur Aged About 38 Years R/o Khayarpara Malhar, Tahsil- Masturi, District- Bilaspur, District- Bilaspur, 3 C.G. 21 - Pranshu Khatri S/o Mohan Singh Aged About 24 Years R/o Ward No 14, Bangla- Bhatapar, Village- Janji, Tahsil- Masturi, District- Bilaspur, C.G. 22 - Sudhir Tiwari S/o Late Ravi Shankar Tiwari Aged About 44 Years R/o Sanjay Hights, Sarkanda, Bilaspur, District- Bilaspur, C.G. 23 - Disnesh Pandey S/o Vishnu Pandey Aged About 45 Years R/o Arvind Nagar, Bandhwapara, Sarkanda, Bilaspur, District- Bilaspur, C.G. 24 - Kamlesh Lavhatre S/o S. N. Lavhatre Aged About 65 Years R/o- Ward No 15, Chandrashekhar Azad Nagar Devrikhurd, Bilaspur, District- Bilaspur, C.G. 25 - Prabhat Rai S/o Praveen Kumar Rai Aged About 20 Years R/o Ward No. 06, Govind Nagar Sirgitti, Bilaspur, District- Bilaspur, C.G. 26 - Gautam Kumar Balbondhre S/o N.N. Balbondhare Aged About 47 Years R/o Annpurna Colony Ganesh Nagar, Chuchuhiyapara Bilaspur, District- Bilaspur, C.G. 27 - Bhuvneshwar Shrivas S/o Dilip Kumar Shrivas Aged About 29 Years R/o Bazar- Chowk Yadunandan Nagar, Bilaspur, District- Bilaspur, C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, District- Bilaspur, C.G. 2 - Registrar Firms And Society, Office At Block- 1, Third Floor, Indravati Bhawan, Raipur, District Raipur, C.G. 3 - Sub- Registrar Firms And Society, Office At New- Composite Building, Second Floor Room No 12/13, Behind Collectorate- Bilaspur, District- Bilaspur, C.G. -- Respondent(s) ____________________________________________________________ 4 For Petitioner : Mr. Hemant Gupta, Advocate For State/Respondent No.1 : Mr. Satish Gupta,Govt. Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 17/12/2025 1. Petitioners have filed this petition seeking following relief (s) :- “I. That, this Hon’ble Court may kindly be pleased to pass any appropriate writ, order or direction to the respondents to give validation of membership of the petitioner from 01.02.2025, in the light of the above legal grounds and in the interest of justice. II. That, the Hon’ble Court may further pass any appropriate writ, order or direction to the respondents collectively to validate the Electoral Roll made on 10.09.2025, in the interest of justice. And may further direct to Reject all the Objection, which were filed under Non-compliance of Section 32 (2) of the Act, 1973, and without any supporting any affidavit thereof, in the interest of justice. III. That, the Hon’ble Court may further pass any appropriate writ, order or direction to the respondents collectively to acknowledge the petitioner as valid voters in the lection of Bilaspur Press Club held on 19.09.2025, in the interest of justice. IV. Any other relief or releif (s) which this Hon’ble Court may deem fit and proper in view of the facts and circumstances of the case, may also kindly be granted.” 2. Learned counsel for petitioners submits that petitioners became members of the Bilaspur Press Club Society. The election were held, however, looking to the dispute raised by members on the election 5 earlier held, Registrar Firms and Societies vide order dated 18.11.2025 has set-aside the election dated 19.09.2025 and further observed that Election Officer is to be appointed by the Collector, Bilaspur. Accordingly, Assistant Registrar, Firms and Society, Bilaspur Division Bilaspur is appointed as Election Officer and he has published election program on 12.12.2025 for election of President, Vice President, Secretary, Co-Secretary, Treasurer and Executive Member. According to the election program, preliminary voter list has been published calling objections from the member. In the preliminary voter list published by the Election Officer, name of petitioners did not find place, therefore, the petitioners have submitted objections on the preliminary voter list published by Election Officer, however, till date objections have not been decided. He contended that the date fixed for publication of final voter list is 18.12.2025 and if the Election Officer does not pass an order on the objection submitted by the petitioners, the petitioners will loose their valuable right to vote in the election to be held pursuant to the election program published by the Election Officer and therefore, the entire election proceedings published by Election Officer be stayed. 3. Learned State counsel submits that according to the documents enclosed along with covering memo including the election program, it is apparent that Election Officer has published the election program and according to the program published has fixed the date for publication of the preliminary voter list and have also called for the objections. The date of final publication of voter list is on 18.12.2025. Petitioner filed this writ petition on 08.12.2025, which is before the publication of the election program by the Election Officer appointed by 6 the Collector pursuant to the order passed by the Registrar. He however, submits that if the petitioners submit that the objections have already been submitted according to election program, it will be considered and the date fixed for passing an order on objection is 17.12.2025 i.e. today. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. The writ petition is filed on 08.12.2025 with a prayer to give validation of the members of the petitioners from 01.02.2025. In the writ petition no document is enclosed by which the membership of the petitioners have been terminated or questioned specifically naming them. During pendency of this petition, the Election Officer appointed has published the election program fixing the date for every stage of proceedings for conducting the election. According to election program on 16.12.2025 objections were called on the preliminary voter list which is stated to be published by the Election Officer under his signature. Election Program further mentions that on 17.12.2025 is the date fixed for considering the objection raised by the members. Petitioners have enclosed some of the objections submitted before the Assistant Returning Officer on 16.12.2025 i.e. the date fixed and today (17.12.2025) is date for considering objections raised on preliminary voter list by the aggrieved members. 6. In the aforementioned facts of the case in the opinion of this Court, the writ petition filed by petitioners raising apprehension that their objection would not be considered at this stage is premature, however, considering the facts of the case and further that Assistant Register is 7 appointed as Election Officer and according to program fixed by Election Officer, petitioners have already submitted the objections on the preliminary voter list published by him, therefore, this writ petition is disposed of with a direction to the Election Officer/Assistant Election Officer to consider and take decision on the objection raised by petitioners in accordance with law. 7. Learned State counsel is directed to inform the Assistant Registrar- cum-Election Officer about the order passed by this Court. 8. With the aforesaid observations and directions this petition stands disposed off. C.C. today. Sd/- (Parth Prateem Sahu) Judge Balram