1 2026:CGHC:23737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1244 of 2023 1 - Sanjay Pradhan S/o Late Shri Ramakant Pradhan Aged About 45 Years Occupation - Agriculturist, Member Of Prathmik Krishi Sakh Sahkari Samiti Maryadit Toshgaon, Registration No. 1261 R/o Village - Pandapara, Thana And Tahsil - Saraypali, District : Mahasamund, Chhattisgarh 2 - Vijay Shanker Nayak S/o Shri Balmukund Nayak Aged About 48 Years Occupation - Agriculturist, Member Of Prathmik Krishi Sakh Sahkari Samiti Maryadit Joganipali, Registration No. 894 R/o Village - Madhopali, Thana And Tahsil - Saraypali, District : Mahasamund, Chhattisgarh 3 - Suresh Kar S/o Late Shri Katikeshwar Kar Aged About 55 Years Occupation - Agriculturist, Ex-President Of Prathmik Krishi Sakh Sahkari Samiti Maryadit Toresingha, Registration No. 1324 R/o Village - Toresingha, Thana And Tahsil - Saraypali, District : Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Cooperative Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - State Co-Operative Election Commission Raipur Chhattisgarh, Mahila Thana Chowk, Chhotapara Raipur, District : Raipur, Chhattisgarh 3 - Registrar Co-Operative Societies, Raipur, Indravati Bhawan, Nawa Raipur, District : Raipur, Chhattisgarh VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 4 - Deputy Registrar Co-Operative Societies Mahasamund, District : Mahasamund, Chhattisgarh 5 - Prathimi Krishi Sakh Sahkari Samiti Maryadit Toshgaon Registration No. 1261, Through Its Authorized Officer, Village - Toshgaon, Thana And Tahsil - Saraypali,, District : Mahasamund, Chhattisgarh 6 - Prathmik Krishi Sakh Sahkari Samiti Maryadit Joganipali Registration No. 894, Through Its Authorized Officer, Village - Toshgaon, Thana And Tahsil - Saraypali, District : Mahasamund, Chhattisgarh 7 - Prathmik Krishi Sakh Sahkari Samiti Maryadit Toresingha Registration No. 1324, Through Its Authorized Officer, Village - Toshgaon, Thana And Tahsil - Saraypali, District : Mahasamund, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioners :- Mr. Rajendra Patel, Advocate on behalf of Mr. Sunil Sahu, Advocate For State :- Mr. Soumitra Kesharwani, P.L. For Respondent No.2 :- Ms. Kajal Chandra, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.06.2026 1. The present petition has been filed challenging the inaction and delay on the part of the respondents in conducting elections of the Primary Cooperative Societies in accordance with Section 49(8) of the Chhattisgarh Cooperative Societies Act, 1960. 2. Following reliefs have been prayed by way of this petition:- 3 “10.1 That this Hon'ble Court may kindly be pleased to call for entire records of the election proceedings pertaining to the instant case for respondent No. 5 to 7 Co-Operative Society. 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by directing the respondent no. 2 to initiate the election proceedings and conduct the elections of the respondent no. 5 to 7 societies as early as possible. 10.3 That any other /relief order that may be deemed fit and just in the facts and circumstances of the case including awarding of the heavy cost of the petition.” 3. Facts of the case are that the the petitioners are members/shareholders of their respective Cooperative Societies and are entitled to the fundamental rights guaranteed under Part III of the Constitution of India. Petitioner No. 1 is a member of Toshgaon Society, wherein elections of the Board of Directors were held in the year 2012 for a tenure of five years. After completion of the said tenure, an Authorized Officer was appointed; however, even after lapse of the prescribed period, no fresh elections have been conducted. Petitioner No. 2 is a member of Joganipali Society, which was constituted on 09.11.2020. Despite more than two years having elapsed, elections have not been held and the society is being managed through an Authorized Officer, causing hardship to members and 4 agriculturists. Petitioner No. 3 is the Ex-President of Toresingha Society, where elections were held in June 2018 for a period of five years. Thereafter, instead of holding timely elections, the society is being managed through nominated/authorized officers, which has adversely affected the functioning of the society. It is the grievance of the petitioners that despite the statutory mandate under Section 49(8) of the Chhattisgarh Cooperative Societies Act, 1960 requiring timely conduct of elections, the respondent authorities have failed to conduct elections within the prescribed period. The respondents are continuing management through nominated/authorized officers, thereby defeating the democratic character and object of the Cooperative Societies Act. It is further submitted that though certain directions were issued by respondent No. 2 on 16.11.2021 regarding election training and preparation, no effective steps have been taken thereafter for conducting elections. The conduct of the respondents shows an intent to continue control over the cooperative societies by appointing authorized officers instead of restoring elected management. Hence this petition. 4. Learned counsel for the petitioners submits that the respondents have failed to discharge their statutory obligation under Section 49(8) of the Chhattisgarh Cooperative Societies Act, 1960 by not conducting timely elections of the Cooperative Societies despite expiry of the tenure of the elected Boards. It is submitted that the petitioners are members/shareholders of the respective societies 5 and the continued functioning of the societies through Authorized Officers for prolonged periods is arbitrary, illegal, and contrary to the democratic principles governing cooperative institutions. Learned counsel further submits that the statutory mandate clearly requires holding of elections within the prescribed time, and the failure of the respondents to initiate or complete the election process has resulted in undue interference in the functioning of the societies. It is also submitted that the respondents are effectively retaining control over the management of the societies by appointing Authorized Officers, which defeats the object and purpose of the Act. It is therefore prayed that appropriate directions be issued to the respondents to conduct elections of the petitioners’ Cooperative Societies in accordance with law within a stipulated time frame. 5. Learned counsel for Respondent No. 2 submits that the process for holding elections of the Cooperative Societies has already been initiated, inasmuch as the State Cooperative Election Commission has been duly constituted and appointed for conducting the elections. It is further submitted that directions have already been issued to the concerned societies, including the petitioners’ societies, to furnish the list of voters so that the election process may be proceeded with in accordance with law. It is contended that upon submission of the voter list by the petitioners’ societies to the competent authorities, necessary further steps shall be taken for conducting the elections strictly in 6 accordance with the applicable rules and regulations. Learned counsel therefore submits that the petitioners are required to cooperate by submitting the voter list to the concerned authorities, following which the election process will be undertaken and completed as per law. 6. I have learned counsel for the parties and perused the material available on record. 7. Considering the submissions advanced by learned counsel for Respondent No. 2, it is observed that the election process of the concerned Cooperative Societies has already been initiated and the State Cooperative Election Commission is in place for conducting the elections. It has further been stated that the concerned societies, including the petitioners’ societies, have been directed to furnish the list of voters along with all relevant supporting documents to the competent authority to enable further processing of the election schedule. 8. In view of the aforesaid statement, the petitioners are directed to approach the concerned authority of Respondent No. 2 and submit the complete list of voters along with all requisite documents strictly in accordance with law, within the time prescribed under the relevant rules. Upon receipt of the same, Respondent No. 2 shall examine and verify the documents and proceed to take further necessary steps for conducting the 7 elections in accordance with the applicable statutory provisions and rules. 9. It is further directed that Respondent No. 2 shall ensure that the election process is taken forward expeditiously and is completed within a reasonable time frame, without unnecessary delay. 10. With the aforesaid observations and directions, the petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha