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2025 DAILYLAW 53377 (CHH)

BACHUMAL METHANI v. STATE OF CHHATTISGARH

WPC/2242/2025 · 2025-05-04

Shri Amitendra Kishore Prasad

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Judgment text

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1 2025:CGHC:20454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2242 of 2025 1 - Bachumal Methani S/o Lt. Shree Channumal Methani Aged About 80 Years R/o H.No. 79, Pratap Dev, Ward No. 11, Jagdalpur, Distt.- Bastar (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Co-Operative Societies Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - Registrar Co-Operative Societies Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur (C.G.) 3 - Deputy Registrar Co-Operative Societies Chhattisgarh, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 4 - Registrar Co-Operative Societies, Raipur, District- Raipur (C.G.) 5 - Joint-Registrar Co-Operative Societies Department Jagdalpur District- Bastar (C.G.) 6 - Election Officer Adarsh Sindhu Nagar Colony Jagdalpur District- Bastar (C.G.) 7 - Registration Officer Adarsh Sindhu Nagar Grih Nirman Sahkari Samiti Maryadit Jagdalpur District- Bastar (C.G.) 8 - Returning Officer Adarsh Sindhu Nagar Grih Nirman Sahkari Samiti Maryadit Jagdalpur District- Bastar (C.G.) ... Respondent(s) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.13 17:59:39 +0530 2 (Cause-title taken from Case Information System) For Petitioner : Mr. Ishan Verma, Advocate For State/Respondent/s : Mr. Satish Gupta, Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 05/05/2025 1. Heard Mr. Ishan Verma, learned counsel for the petitioner as well as Mr. Satish Gupta, Government Advocate for the State/respondent/s on advance copy. 2. By this instant petition, the petitioner has prayed for following relief/s : “10.1 That the petitioner respectfully prays for the issuance of an appropriate writ, order, or direc- tion directing the Joint-Registrar, Co-operative Societies, Raipur, expeditiously dispose of Case No. 64/02/JP/2023, filed under Section 64(2) (V) of the Chhattisgarh Co-operative Societies Act, which has been pending since 30.01.2023. 10.2 That the Hon'ble Court may further be pleased to direct that the concerned respondent to decide case No.64/02/JP/2023, within a period of three months, considering the inordinate delay and the fact that more than half of the tenure of the elected managing committee has already elapsed; 10.3 That, this Hon'ble Court to kindly pleases to pass any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner in the interest of justice.” 3. Learned counsel for the petitioner submits that the above petition pertains to mention that the election of Adarsh Sindhu Nagar Grih 3 Nirman Sahakari Samiti Maryadit, Jagdalpur, in which the peti- tioner was a candidate. However, his nomination was arbitrarily and unlawfully rejected. Thereafter, the petitioner filed a writ peti- tion before the Hon'ble High Court. However, the Hon'ble Court was of the opinion that the present writ petition would not be main- tainable as the petitioner had an alternative statutory remedy available under Section 64(2)(v) of the Chhattisgarh Co-operative Societies Act, vide order dated 12.12.2022, in WPC/5488/2022 passed by Hon'ble High Court ( ANNEXURE P/1). Thereafter, the petitioner filed Case No. 64/02/JP/2023 on 30.01.2023 under Sec- tion 64(2)(V) of the Chhattisgarh Co-operative Societies Act be- fore the Joint-Registrar, Co-operative Societies Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur. The case per- tains to the election of Adarsh Sindhu Nagar Grih Nirman Sa- hakari Samiti Maryadit, Jagdalpur, in which the petitioner was a candidate. His nomination was unlawfully rejected. Although more than two years have passed, the case is still pending and during this time more than half of the tenure of the elected body has al- ready elapsed. On 20.11.2024, the petitioner has submitted an ap- plication under Order 7 Rule 11 of the Code of Civil Procedure (CPC) before the Joint Registrar, Co-operative Societies, Chhat- tisgarh. Although considerable period has passed since submis- sion of the said application, however till date it has not been adju- dicated as such, the petitioner is seeking limited relief, that the Registrar, Co-operative Societies Department, Mantralaya, Ma- 4 hanadi Bhawan, Atal Nagar, Raipur may be directed to decide the same within some stipulated period in an expeditious manner. 4. Learned counsel for the respondent-State appearing on advance notice submits that subject to due verification and scrutiny of the claim of the petitioner, appropriate steps shall be taken at the earliest within a short period. 5. Given the statement made by the counsel for the respondent- State, this writ petition at this juncture stands disposed of directing the concerned respondent authorities to consider and decide Case No. 64/02/JP/2023, filed by the petitioner under Section 64(2) (V) of the Chhattisgarh Co-operative Societies Act, 1960 which has been pending since 30.01.2023 within an outer limit of six months from the date of receipt of the copy of this order. 6. With the aforesaid observation(s) and direction(s), the present petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Ravi Mandavi