Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 27963 (CHH)

KAMLESH DHRUW v. STATE OF CHHATTISGARH

WPC/3575/2026 · 2026-07-19

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010253742026 2026:CGHC:30565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3575 of 2026 1 - Kamlesh Dhruw S/o Late Kanval Singh Dhruw, Aged About 55 Years R/o Ward No. 13, Near Shreeram Fancy Store Ayodhya Nagar Mahasamund District -Mahasamund (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Commerce And Industry Mahanadi Bhavanatal Nagar Naya Raipur, District -Raipur (C.G.) 2 - Registrar Firms And Societies Indravati Bhavan Block -I , Third Floor, Atal Nagar Naya Raipur District -Raipur (C.G.) 3 - Kendriya Gond Mahasabha, Through Its Secretary, Registered Office At Shree Kachna Dhurva Devalaya Civil Line Durg, District -Durg (C.G.) 4 - Mangal Das Thakur S/o Late Ranjeet Singh Thakur R/o Village Churiya Dongri Rajnandgaon, District -Rajnandgaon (C.G.) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Kishore Narayan, Advocate For State :- Mr. Anand Dadariya, Dy. A.G. For Respondent No. 4 (Caveator) :- Mr. Pankaj Singh, Advocate ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 20.07.2026 1. Following reliefs have been prayed in this petition:- “(i) To issue an appropriate writ, order or direction quashing and setting aside the order dated 17.04.2026 (Annexure P/11) passed by the Secretary, Department of Commerce and Industries. (ii) To issue an appropriate writ, order or direction quashing and setting aside the order dated 08.01.2026 (Annexure P/7) passed by the Registrar Firms and Society. (iii) To issue an appropriate writ, order or direction declaring that the petitioner is duly elected president of the respondent number 3, society having bee elected after following the applicable bye-laws of the society. (iv) Pass any other order the Hon'ble Court may deem fit in the interest of justice.” 2. After arguing the matter for some time, learned counsel for the petitioner could not dispute the fact that during the pendency of the appeal before the concerned appellate authority, fresh elections had already taken place. Consequently, the appellate authority dismissed the appeal holding that, in view of the subsequent elections, the grounds raised by the petitioner had become infructuous and could no longer be adjudicated. 3 3. Before this Court as well, a preliminary objection has been raised by the learned State counsel as well as the learned counsel appearing for the caveator, contending that since fresh elections have already been conducted, no effective adjudication can now be undertaken in the present writ petition. It has been submitted that, if so advised, the petitioner is at liberty to challenge the fresh election and the proceedings pertaining thereto, which were held on 17.02.2026, in accordance with law. 4. At this stage, learned counsel for the petitioner submits that the private respondent has already challenged the aforesaid order by filing WPC No. 2376 of 2026, in which the present petitioner is also a party. It is further submitted that the petitioner shall pursue his remedies in the said writ petition, which is presently pending consideration before this Court. 5. Heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, particularly the fact that the subsequent election has already been challenged in WPC No. 2376 of 2026, wherein the present petitioner is also a party, this Court is of the considered opinion that no useful purpose would be be served by adjudicating the issues raised in the present writ petition. The petitioner shall be at liberty to raise and pursue all such grounds as may be available to him in the said writ petition. 4 7. Accordingly, the present writ petition is dismissed. 8. No order as to costs. sd/- (Amitendra Kishore Prasad) Judge Vishakha