1 2026:CGHC:21732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1786 of 2022 1 - Mukesh Gupta S/o Late Shri Moolchand Gupta Aged About 41 Years Life Member , Shri Kanya Kubj Vaishya Mahasabha, Bilaspur , R/o Near Sakti Bekri Gondpara Bilaspur, Tahsil And District Bilaspur Chhattisgarh. 2 - Kaushal Gupta S/o Late Shri B.P. Gupta Aged About 58 Years Founding Member , Shri Kanya Kubj Vaishya Mahasabha, Bilaspur , R/o Om Zone , Shubham Vihar Bilaspur, Tahsil And District Bilaspur Chhattisgarh. 3 - Kailash Gupta S/o Late Shri Lallu Prasad Gupta Aged About 42 Years Life Member , Shri Kanya Kubj Vaishya Mahasabha, Bilaspur , R/o Behind Cims, Dabripara Bilaspur, Tahsil And District Bilaspur Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of General Administration Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh. 2 - Registrar Firms And Societies Indrawati Bhawan, Block I, Third Floor, Nawa Raipur , District Raipur Chhattisgarh. 3 - Enquiry Officer Cum Assistant Register Societies And Firms And Association Bilaspur Division New Composite Building, Second Floor, Collectorate , Bilaspur, District Bilaspur Chhattisgarh. 4 - Collector Bilaspur, District Bilaspur Chhattisgarh. 5 - Shri Kanya Kubj Vaishya Mahasabha, Bilaspur Through Its President Having Its Registered Office Near Arya Samaj Mandir Gondpara Bilaspur , Tahsil And District Bilaspur Chhattisgarh. Digitally signed by SHAYNA KADRI 2 6 - Akhil Bhartiya Kanya Kubj Vaishya Mahasabha Through Its President Having Its Registered Office Bihari Chowk, Shri Kamtanath Dham, Chitrakoot, District Satana Madhya Pradesh. 7 - Sharad Gupta President Shri Kanya Kubj Vaishya Mahasabha, Bilaspur Near Arya Samaj Mandir Gondpara Bilaspur , Tahsil And District Bilaspur Chhattisgarh. 8 - Shiv Gupta Secretary , Shri Kanya Kubj Vaishya Mahasabha, Bilaspur, R/o Udai Chowk Katiya Para Bilaspur, Tahsil And District Bilaspur Chhattisgarh. ... Respondent(s) For Petitioner : Ms. Kajal Chandra, Advocate holding brief on behalf of Mr. Malay Shrivastava, Advocate For State : Mr. Shobhit Mishra, Dy. Govt. Advocate For Resp. No. 5 and 7 : Mr. Achyut Tiwari, Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge) Order on Board 08/05/2026 1. Learned counsel for the petitioners submits that the petitioners are life members of Shri Kanya Kubj Vaishya Mahasabha, Bilaspur, a Society registered under the provisions of the C.G. Society Registration Act, 1973, and since the year 2004 they have been actively participating in the activities of the Society. It is submitted that after respondent No.7 assumed the office of President of the Society, several irregularities started taking place in the functioning of the Society and the office bearers began acting contrary to the objects and aims for which the Society was 3 constituted. Learned counsel further submits that despite repeated complaints made before the competent authority under Section 32 of the C.G. Society Registration Act, 1973, no effective action was taken by the authorities. It is contended that the petitioners were constrained to approach this Court earlier by filing W.P.(C) No.970 of 2019, wherein this Court directed the competent authority to conduct an inquiry into the allegations raised by the petitioners. Pursuant thereto, an inquiry was conducted and several irregularities were found in the functioning of the Society. However, instead of taking appropriate action against the office bearers, the authorities merely directed the Society to rectify the irregularities. It is further submitted that no genuine corrective measures were taken and the respondent office bearers continued to conduct elections without following due procedure and continued to misuse the funds of the Society. Learned counsel also submits that since the petitioners raised objections against the illegal functioning of the Society, respondent No.7 illegally expelled the petitioners from the membership of the Society by passing a backdated resolution. Though representations were submitted before the competent authority challenging such expulsion, no action has yet been taken. 2. Learned State counsel, supported by learned counsel appearing for respondents No.5 and 7, opposes the petition and submits that the present writ petition is not maintainable in its present form. It is 4 contended that the principal grievance of the petitioners pertains to their expulsion from the membership of the Society and the consequential dispute regarding their right to participate in the affairs and elections of the Society. It is further submitted that once an order or resolution of expulsion has been passed by the competent body of the Society, the petitioners are required to avail the statutory remedy available under the provisions governing the Society by approaching the Registrar, Society Registration Authority, who is competent to examine the legality and validity of such action. Learned counsel submits that without challenging the order of expulsion before the competent statutory authority, the petitioners cannot seek indirect relief by way of the present writ petition. It is argued that disputed questions relating to membership, validity of expulsion, internal administration of the Society and election disputes require adjudication by the competent authority under the statutory framework and not directly in exercise of writ jurisdiction under Article 226 of the Constitution of India. Learned counsel therefore submits that since the petitioners have not challenged the alleged order of expulsion before the competent Registrar, the present petition deserves to be dismissed as not maintainable. 3. At this stage, learned counsel for the petitioners submits that the petitioners may be granted liberty to approach the competent Registrar by filing appropriate proceedings challenging their expulsion from the Society. 5 4. Heard learned counsel for the parties and perused the material available on record. 5. The grievance of the petitioners in the present petition primarily relates to the functioning of Shri Kanya Kubj Vaishya Mahasabha, Bilaspur, alleged irregularities committed by the office bearers of the Society and the action whereby the petitioners are stated to have been expelled from the membership of the Society. 6. From the pleadings and submissions advanced by the parties, it clearly emerges that the petitioners have already been expelled from the Society by way of a resolution passed by the concerned Society. The consequential reliefs sought by the petitioners, including participation in the affairs of the Society and conduct of election, are directly dependent upon adjudication of the validity of their expulsion from membership. This Court is of the considered opinion that if any order or resolution has been passed by the Society expelling the petitioners from membership, the same is required to be challenged before the competent statutory authority, namely, the Registrar concerned under the provisions governing the Society. Without challenging the order of expulsion before the competent authority, the present writ petition seeking consequential directions is not maintainable. 7. However, considering the aforesaid submission of learned counsel for petitioner, it is directed that the petitioners shall be at liberty to file appropriate application/proceedings before the concerned Registrar challenging the action of expulsion within a period of 15 6 days from today. In turn, if such application is filed within the aforesaid period, the concerned Registrar shall consider and decide the same strictly in accordance with law, after affording due opportunity of hearing to all concerned parties, preferably within a period of 45 days thereafter. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE