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2025 DAILYLAW 55385 (CHH)

KOMAL PRASAD PATEL v. STATE OF CHHATTISGARH

WPC/5713/2025 · 2025-11-02

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:53583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5713 of 2025 Komal Prasad Patel S/o Late Shri Guharam Patel Aged About 52 Years R/o Vill.- Tusma, P.S. And Tah. Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Co-Operative Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Registrar Co-Operative Societies, Indrawati Bhawan, District : Raipur, Chhattisgarh 3 - The Deputy Commissioner And Deputy Registrar Co-Operative Societies, Janjgir-Champa, District : Janjgir-Champa, Chhattisgarh 4 - Sewa Sahkari Samiti Ltd. Tusma Registration No. 56, Through Society Manager, Registered Officer At Village- Kataudh, Shivrinarayan, P.S. And Tah. Shivrinarayan, District : Janjgir-Champa, Chhattisgarh 5 - Ghasiram Kashyap S/o Late Shri Gopichand Kashyap Aged About 55 Years Authorized Person (Non-Official), Sewa Sahkari Samiti Ltd Shivrinarayan, Registration No. 56, Village - Singhul, Tah. Shivrinarayan, District : Janjgir-Champa, Chhattisgarh 6 - State Co-Operative Election Commission Through Election Commissioner Office At Mahila Thana Chowk, Chhotapara, District : Raipur, Chhattisgarh 2 7 - Yogesh Verma S/o Late Shri Malikram Verma Aged About 53 Years Ex- President, Krishak Sewa Sahkari Samiti Maryadit Shivrinarayan, Registration No. 56, Village - Kataudh, Tah. Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Respondents For Petitioner : Mr. Ravindra Sharma, Advocate For State : Mrs. Upasana Mehta, Deputy Government Advocate (Hon’ble Justice Shri Parth Prateem Sahu, Judge) Order on Board 03/11/2025 1. Petitioner has filed this writ petition, seeking following reliefs:- “10.1 That this Hon’ble Court may kindly be pleased to issue a writ of MANDAMUS to set-aside the order dated 24.10.2025 (Annexure P-1) passed by the respondent no. 3. 10.2 That this Hon’ble Court may kindly be pleased to issue a direction to the respondent no. 6 to conduct the election of the Krishak Sewa Sahakari Samiti Maryadit Shivrinarayan, Registration No. 56, Vill- Kataudh, Tah. Shivrinarayan, Dist- Janjgir-Champa (C.G.) and to complete the entire election process as early as possible. 10.3 That this Hon’ble court may kindly be pleased to issue any writ or direction or order as deem fit in the interest of justice.” 2. Learned counsel for respondent no. 6 would submit that according to the information gathered Sewa Sahkari Samiti Ltd. Shivnarayan, Registration no. 56 of which petitioner is a member has been reorganized and new society has been constituted from the existing society by name Prathmik Krishi Sakh Sehkari Society Kataud. He further submits that as now the entire proceedings has to be initiated afresh i.e. list of members of the society, etc. and therefore, the relief as prayed for by the petitioner seeking direction to respondent no. 6/ State Co-operative Election Commission to complete entire election process in the facts and circumstances of the case is not maintainable. 3 3. Counsel for the petitioner submits that in view of the submission made by counsel for respondent no. 6, direction be issued to the respondents to complete the formalities of preparing list of members of both the societies and to conduct election within reasonable time. 4. In view of the submission made by counsel for the respective parties this writ petition at this stage is disposed of with an observation that respondent authorities may complete the proceedings as required under the law on account of reorganization of Sewa Sahkari Samiti Ltd. Shivnarayan registration no. 56 and to take necessary steps for conducting election of the societies in accordance with law, expeditiously. 5. With the aforesaid direction and observation, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) JUDGE alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.04 16:39:52 +0530