1 2026:CGHC:19302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1444 of 2022 1 - Sanju Dubey W/o Aravind Dubey Aged About 40 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 2 - Rinki Dubey W/o Mukehs Dubey Aged About 30 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 3 - Haricharan Singh S/o Sh. Darshan Singh Aged About 36 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 4 - Rinki Singh W/o Sh. Jitendra Singh Aged About 30 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 5 - Meena Doye S/o Sh. Chandra Kumar Doye Aged About 36 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 6 - Sosit Sahu W/o Bhagawat Prasad Sahu Aged About 41 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 7 - N.V.T. Rao S/o Sh. R.V.J. Rao Aged About 54 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 8 - Reshami Prajapati W/o Sh. Manisha Prajapati Aged About 30 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 9 - Naresh Lanjewar S/o Sh. Isthariji Lajewar Aged About 55 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 10 - Tanuja Mishra W/o Sh. Suraj Mishra Aged About 30 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. 3 11 - Smt. Sangita Mahanand W/o Haricharan Mahanand Aged About 30 Years Resident Of Avinash Aashiana, Kabir Nagar , Raipur , Avinash Ashiyana Residential Co Operative Society Limited Kabir Nagar , Raipur Tahsil And District Raipur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary , Co Operative Society Department, Mahanadi Bhawan Mantralaya New Raipur Chhattisgarh. 2 - Secretary State Cooperative Election Commission, Mahila Thana Chauk, Chhotapara, Raipur Chhattisgarh. 3 - Commissioner State Cooperative Election Commission Raipur, District Raipur Chhattisgarh. 4 - The Registrar Chhattisgarh Cooperative Societies Indravati Bhawan, New Raipur Chhattisgarh. 5 - Mr. Vinay Verma Cooperative Inspector Office Of Sub Registrar, Cooperative Society Raipur , District Raipur Chhattisgarh. Returning Officer Avinash Aashiyana Residential Cooperative Society Limited Raipur. 6 - Mr. Sumit Dadsena Cooperative Inspector Office Of Sub Registrar Cooperative Society Raipur, District Raipur Chhattisgarh. Returning Officer Avinash Aashiyana Residential Cooperative Society Limited Raipur. ... Respondent(s) For Petitioner(s) : Mr. Achyut Tiwari, Advocate. For Respondent(s) State : Mr. S. S. Choubey, G.A. 4 For Respondent No. 2 : Mr. Malay Shrivastava, Advocate. For Intervener : Mr. Prabhat Kumar Saxena, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/04/2026 1. By way of this petition, the petitioners have prayed for following reliefs:- “A That this Hon'ble Court may kindly be pleased to issue a appropriate writ/order/direction for quashing the order passed by the respondent no.3 on 17.12.2021 (Annexure- P/1) also new election program issued by the respondent No.6 on 10.03.2022 (Annexure-P/6). B. Any other relief which this Hon'ble Court deems fit and proper may be passed.” 2. Brief facts of the case, is that, the petitioners are residents of Avinash Aashiana, Kabir Nagar, Raipur, and members of Avinash Aashiyana Residential Co-operative Society Limited, Kabir Nagar, Tahsil and District Raipur (C.G.), which has been duly constituted and registered as “Avinash Aashiyana Aawasiya Sahakari Samiti Maryadit, Raipur” under the relevant Co-operative Societies Act, bearing Registration No. 690. Thereafter, the State Co-operative Election Commission, Chhattisgarh, issued an order dated 06.12.2021 for conducting elections of the Board of Directors and representatives of the said society, pursuant to which the Returning Officer issued an election programme on 17.12.2021 5 scheduling the election process from 20.12.2021 to 03.01.2022, and the same was duly published and notified to all members. That in accordance with the said programme, the petitioners obtained nomination forms and duly submitted the same before the Returning Officer within the stipulated time on 20.12.2021 at the society premises, however, respondent No. 3, without jurisdiction and in violation of due process of law, passed an impugned stay order dated 22.12.2021, thereby halting the election process of the said society in an arbitrary and illegal manner. Subsequently, the Commissioner, State Co-operative Election Commission, Raipur, issued an order dated 13.01.2022 appointing a Returning Officer without first resolving or vacating the earlier stay on the election proceedings. Thereafter, respondent No. 6 issued a fresh election programme dated 10.03.2022 on the basis of the said order, without cancelling the earlier election programme dated 17.12.2021, thereby acting illegally and without following due process of law and that the impugned order passed by respondent No. 3 is arbitrary, illegal, and contrary to the provisions of the Act as well as the principles of natural justice, thereby necessitating interference by this Hon’ble Court. 3. Learned counsel for the petitioner submits that the actions of the respondents are wholly arbitrary, illegal and in clear violation of the principles of natural justice. It is contended that respondent No. 3, without any jurisdiction, passed the impugned order dated 6 22.12.2021 (erroneously mentioned as 22.11.2021) interfering with and staying the election process after the election programme dated 17.12.2021 had already been duly notified and commenced, which is impermissible in law. It is further submitted that respondent No. 3 had no authority to entertain or adjudicate any grievance relating to the election process, as such disputes, if any, fall within the ambit of Section 64(2)(v) of the Chhattisgarh Co-operative Societies Act, 1960, and are to be raised before the appropriate forum; thus, the interference during the subsistence of the election process is wholly without jurisdiction and contrary to settled legal principles. In support of this contention, reliance is placed upon the judgment of the Hon’ble High Court of Chhattisgarh dated 19.03.2018 passed in WPC No. 43 of 2018 (Mohammad Nausad Qureshi vs. State of Chhattisgarh & Others), wherein it has been held that interference in an ongoing election process is not permissible. It is further urged that respondent No. 6 has compounded the illegality by issuing a fresh election programme dated 10.03.2022 without cancelling the earlier programme dated 17.12.2021, thereby acting in a manner that is arbitrary and dehors the provisions of law; reliance in this regard is also placed on the order dated 10.03.2022 passed by the Hon’ble High Court in WPC No. 1262 of 2022 (Rakesh Kumar Khandelwal vs. State of Chhattisgarh & Others) (Annexure P/8). It is thus submitted that the impugned actions of the respondents cannot be sustained in law, being violative of statutory provisions 7 as well as the principles of natural justice, and therefore deserve to be set aside. 4. On the other hand, learned counsel appearing for the respondents submits that the authorities are fully prepared and willing to proceed with and conduct the election process in accordance with law, without any delay or impediment. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further considering the fact that the concerned respondent authorities are ready and willing to conduct the election, this petition is disposed of with a direction to the concerned respondent authorities to proceed with the election in accordance with law. Considering the facts and circumstances of the case, the respondent authorities are directed to resume and complete the election proceedings while ensuring that due opportunity is afforded to the petitioners and that any grievance raised by the petitioners are duly considered and redressed in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat