1 2026:CGHC:19300 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1290 of 2022 1 - Kamlesh Pandey S/o Dharam Singh Pandey, Aged About 40 Years R/o Village Post Bade Dongar Tehsil Farasgaon District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Co- Operative, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Registrar, Co-Operative, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Commissioner, State Co-Operative Election Commission, Mahila Thane Chouk, Chotapara, Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Returning Officer, Primary Minor Forest Produce Co-Operative Society Maryadit Badi Dongar District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Avishek Bharti, Advocate on behalf of Ms. Renu Kochar, Advocate. For Respondent(s) State : Mr. Soumitra Kesharwani, Panel Lawyer. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 27/04/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That the Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari and quash the order dated 03.03.2022 (Annexure P/1) in the interest of justice. 10.2 That this Hon'ble court may be further pleased to pass any other consequential and other orders/ writs which this Hon'ble court deems just and proper in the facts and circumstances of the case.” 2. Brief facts of the case, is that, for the election of Committee Members of the Primary Minor Forest Produce Co-operative Society Maryadit, Badi Dongar, bearing Registration No. 97, an order dated 15.03.2021 was duly issued, whereby the election programme was notified and a Returning Officer was appointed to conduct the process. As per the notified election programme, a total of 11 members were to be elected, comprising 6 seats for the General Category, 4 seats for the Scheduled Tribe (S.T.) Category, and 1 seat for the Other Backward Class (O.B.C.) Category, and a copy of the said election programme dated 15.03.2021. It is further submitted that on 16.04.2021, in the General Assembly meeting, the election results were formally declared, wherein the petitioner was duly elected as a member. Thereafter, on 20.11.2021, Respondent No. 4 forwarded the list of 3 elected Committee Members, including their nomination as representatives and delegates, to the Secretary of the State Co- operative Election Commission, wherein the petitioner was also shown as an elected representative of the Committee, and a copy of the said communication dated 20.11.2021 is annexed as Annexure P/4. However, subsequently, Respondent No. 3, by the impugned order dated 03.03.2022, arbitrarily cancelled the election of the petitioner as a representative of the said Society at Keshkaal, holding the same to be illegal on the ground that the petitioner had been elected under the O.B.C. category, whereas, as per the provisions of Section 48-B(2)(a) of the Act, the representative ought to have been elected from amongst members belonging to the Scheduled Caste/Scheduled Tribe category. By the said impugned order, Respondent No. 3 further directed the scheduling of a fresh election programme for the post of representative on 15.03.2022. 3. Learned counsel for the petitioner submits that the petitioner has been unjustifiably precluded from participating in the proceedings solely on the ground that he had instituted the present petition and obtained an interim stay by order dated 14.03.2022. It is contended that such exclusion is arbitrary and untenable in law, as the mere filing of the petition and grant of interim relief cannot be construed as a valid basis to deny the petitioner his right to participate in the process. 4. On the other hand, learned counsel appearing for the State 4 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. It is further observed that the election proceedings had remained withheld solely on account of the interim order dated 14.03.2022 passed by this Court, whereby the election process was stayed. Considering the facts and circumstances of the case, the respondent authorities are directed to resume and complete the election proceedings while ensuring fair conduction of election process in accordance with the law governing the field. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat