1 CGHC010075842023 2026:CGHC:32332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1145 of 2023 1 - Rewaram Sahu S/o Shri Heeralal Sahu Aged About 53 Years Ex - President Prathmik Krishi Sakh Sahkari Samiti Borsi R/o. Village - Borsi, Thana And Tahsil - Fingeshwar, District - Gariyaband Chhattisgarh 2 - Fagendra Yadu S/o Shri Daulatram Yadu Aged About 57 Years Ex - President Gramin Sewa Sahkari Samiti Basin R/o Village - Basin Thana And Tahsil - Fingeshwar District - Gariyaband Chhattisgarh 3 - Ghanshyam Sahu S/o Shri Madanlal Sahu Aged About 53 Years Ex- President Prathmik Krishi Shakh Sahkari Samiti Bhasera R/o Village - Bhasera Thana And Tahsil - Fingeshwar District - Gariyaband Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Co-Operative Affairs, Mahanadi Bhawan, Mantralaya, 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 4 - Deputy Registrar, Co-Operative Societies Gariyaband, District - Gariyaband Chhattisgarh 5 - Prathmik Krishi Sakh Sahkari Samiti Borsi Registration No. 783 Through Its Presiding Officer, Village Borsi Thana And Tahsil - Fingeshwar District - Gariyaband Chhattisgarh 6 - Gramin Sewa Sahkari Samiti Basin Registration No. 991 Through Its Presiding Officer, Village Basin Tahsil And Thana - Fingeshwar District - Gariyaband Chhattisgarh 2 7 - Prathmik Krishi Sakh Sahkari Samiti Bhasera Registration No. 808 Through Its Presiding Officer, Village Bhasera Thana And Tahsil - Fingeshwar District - Gariyaband Chhattisgarh. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Sunil Sahu, Advocate. For the State : Dr. Arham Siddiqui, PL For the Election Commission : Mr. Malay Shrivastava, Advocate. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 28.07.2026 1. This petition has been filed under Article 226 of the Constitution of India with following reliefs: “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.” 2. Learned counsel for the petitioner submits that present petition has been filed against the inaction and delay on the part of respondents by not conducting election of primary co-operative societies in terms of Section 49(8) of Co-operative Societies Act. The 3 petitioners are the Ex-Presidents of the respective cooperative societies and last election was held in the month of June, 2017 and, therefore, looking to the objective of the Cooperative Societies Act and in the light of Section 49(8) of the Chhattisgarh Cooperative Societies Act, the respondents have to conduct the election within a prescribed time limit, which has not been done by the respondents authorities seems that respondent authorities by nominating Presiding Officers/authorized officers wants to control the management of the cooperative societies in their hand which is against the objective of the C.G. Cooperative Societies Act. Hence, petitioners have came-up before this Court with aforesaid prayer. 3. Learned counsel for respondent No.2/Election Commission submits that if respondent No.5/Prathmik Krishi Sakh Sahkari Samiti Borsi Registration No. 783 will file an appropriate application for conduction of election alongwith voter list, respondent No.2 will take appropriate steps for conduction of election in accordance with law. 4. Heard learned counsel for the parties and perused the petition. 5. Considering facts of the case, nature of reliefs, submissions of counsel for the parties, instant petition is disposed of directing respondent Nos.5 to 7 to file an appropriate application alongwith voter list before respondent No.4 within a period of one month and in-turn respondent No.2 shall initiate the proceedings for conduction of election in respect of said society in accordance with law within a further period of 45 days. 4 6. The petitioners are under obligation to inform respondent Nos.5 to 7 regarding passing of this order. 7. With the above observation/direction, instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge J.