1 CGHC010315632026 2026:CGHC:36505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6171 of 2026 Shailendra Gurjar S/o Ramnaresh Aged About 27 Years R/o House No. 222, Ward No. 15, Khaikharipara, Village- Bedami, Surajpur, District- Surajpur, (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Department Of Forest And Climate Change, P C C F O2ce, Aranya Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Director Department Of Forest And Climate Change, P C C F O2ce, Aranya Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 3 - Managing Director Chhattisgarh State Minor Forest Produce (Trading And Development) Co-Operative Federation Limited, Van Dhan Bhawan, Sector-24, Atal Nagar, New Raipur, District- Raipur (C.G.) 4 - Executive Director Chhattisgarh State Minor Forest Produce SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.08.18 11:01:19 +0530 2 (Trading And Development) Co-Operative Federation Limited, Van Dhan Bhawan, Sector-24, Atal Nagar, New Raipur, District- Raipur (C.G.) 5 - The Collector Surajpur, District- Surajpur, (C.G.) 6 - Sdo (Forest) Surajpur, District- Surajpur (C.G.) 7 - Managing Director District Forest Produce Co-Operative Union Limited Surajpur, District-Surajpur, (C.G.) 8 - Prathmik Vanopaj Sahakari Sangh Maryadit, Lanjit Through Chairman Of The Prathmik Vanopaj Sahakari Sangh Maryadit, Lanjit District Union Surajpur, District Surajpur, (C.G.) 9 - Dipti Gurjar D/o Satish Gurjar Aged About 24 Years Posted As Manager In Prathmik Vanopaj Sahakari Sangh Maryadit, Lanjit, Surajpur, District- Surajpur, (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Sajal Kumar Gupta, Advocate For State : Shri Yashwant Singh Thakur, Addl. Advocate General assisted by Ms. Apurva Nigam, Panel Lawyer For Respondent Nos. 2, 3 & 7 : Dr. Arham Siddiqui, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 3 17.08.2026 1. The petitioner has @led the present writ petition against the order issued by the President of the Primary Forest Produce Cooperative Society, Lanjit dated 05.08.2026, by which the respondent No. 9 i.e. Dipti Gurjar has been appointed as Manager, Primary Forest Produce Cooperative Society, Lanjit by the respondent Nos. 7 & 8. 2. Learned counsel for the petitioner would submit that the appointment order has been issued dehors the conditions enumerated in the advertisement and the rules governing the @eld, therefore, the appointment of Respondent No. 9 is void-ab- initio. 3. On the other hand, learned Additional Advocate General for the State and the counsel for respondents No. 2, 3 & 7 would submit that respondents No. 7 and 8 are cooperative society registered under the Chhattisgarh Cooperative Societies Act, 1960 as such the petitioner has alternate e2cacious remedy available under Section 55 of the Cooperative Societies Act which provides Register's power to determine condition of employment in the society. This Section also provides that if any dispute relates to terms of 4 employment, working condition and disciplinary action taken by society arise between a society and its employee. Since the petitioner is claiming his appointment and also challenged the appointment of respondent No. 9, therefore, it is a dispute regarding terms of employment as according to petitioner the appointment of respondent No. 9 has been done in violation of the conditions enumerated in the advertisement and rules governing the @eld, as such the writ petition is not maintainable. 4. This Court is to examine whether the writ petition is maintainable or not when an alternate e2cacious statutory remedy is available to the petitioner under the Societies Act? 5. For better understanding of the controversy raised in this petition, it is expedient for this Court to extract Section 55 of the Cooperative Societies Act, which is as under:- 55. Registrar's power to determine conditions of employment in societies. - (1) The Registrar may, from time to time, frame rules governing the terms and conditions of employment in a society or class of societies and the society or class of societies to which 5 such terms and conditions of employment are applicable shall comply with the order that may be issued by the Registrar in this behalf. Provided that in the case of co-operative credit structure, the Registrar may frame rules governing the terms and conditions of employment on the basis of the guidelines speci@ed by the National Bank. (2) Where a dispute, including a dispute regarding terms of employment, working conditions and disciplinary action taken by a society, arises between a society and its employees, the Registrar or any o2cer appointed by him not below the rank of Assistant Registrar shall decide the dispute and his decision shall be binding on the society and its employees: Provided that the Registrar or the o2cer referred to above shall not entertain the dispute unless presented to him within thirty days from the date of order sought to be impugned : Provided further that in computing the period of limitation under the foregoing proviso, the time requisite for obtaining copy of the order shall be excluded. 6 6. From bare perusal of the Section 55(2) of the Cooperative Societies Act, it is quite vivid that the Registrar has the power to refer the dispute relating to terms of employment, working condition and disciplinary action taken by the Society which arise between the societies and its employees. The Registrar has also power to frame rules governing the terms and conditions of employment in a society. 7. From this provision of Section 55(2), it is quite vivid that the present issue raised in this petition, the petitioner is claiming his appointment and also challenged the appointment order of Respondent No. 9, which clearly falls within the ambit of power of the Registrar under Section 55 of the Cooperative Societies Act. 8. In view of the above stated legal provisions and also considering that the disputed facts are involved, it is held that the writ petition is not maintainable at this juncture. However, liberty is granted to the petitioner to approach the Registrar, Cooperative Societies for raising his dispute by challenging the appointment order of respondent No. 9. 7 9. Since the petitioner has @led this petition on 10.08.2026, it is directed that in the eventuality of raising dispute before the Registrar of the Cooperative Societies within three weeks from the date of receipt of copy of this order, the authorities shall not raise plea of limitation and decide the case on its own merits. It is made clear that this Court has not expressed anything on merits of the case. The petitioner is at liberty to raise whatsoever permissible grounds available to him before the appropriate forum. 10. With this observation and direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) JUDGE shoaib