Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34021 (CHH)

PANKAJ AGARWAL v. STATE OF CHHATTISGARH

WPC/3048/2022 · 2026-08-30

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010220762022 2026:CGHC:38486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3048 of 2022 Pankaj Agarwal S/o Om Prakash Agrwal Aged About 43 Years R/o Danipara, Raigarh,, District : Raigarh, Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Collector, Raigarh,, District : Raigarh, Chhattisgarh 2 - Registrar Firm And Societies Chhattisgarh Indrawati Bhawan, Block- 1, 3rd Floor, New Raipur, District : Raipur, Chhattisgarh 3 - Assistant Registrar Firm And Societies, New Composite Building, 2nd Floor, Bilaspur, District : Bilaspur, Chhattisgarh 4 - Shri Agrasen Sewa Sangh (Registered under Firm and Society Act, 1973), through Its President In-Charge, Bajrang Agarwal, S/o Radhe Shyam Agarwal, Aged About 55 Years, R/o Seva Kunj Road, Near Girls College, Handi Chowk, Raigarh, District : Raigarh, Chhattisgarh 5 - Sanjay Agarwal, Secretary Of Shri Agrasen Sewa Sangh Paramanand Agarwal Aged About 44 Years R/o Itwari Bazaar, Raigarh, District : Raigarh, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Waquar Naiyer, Advocate For State/Respondents No.1 to 3 : Mr. Anmol Sharma, Panel Lawyer For Respondent No.4 : Mr. Sanjay Agrawal, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.31 17:26:04 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 31.08.2026 1. By filing the present writ petition, the petitioner calls in question the impugned order dated 17.11.2021 (Annexure P/1) passed by the Registrar of Firms and Societies, Chhattisgarh, and seeks for the following reliefs:- “10.1 This Hon'ble Court may kindly be pleased to set-aside/quash the impugned order Dated 17.11.2021 (Annexure P/1) issued by the respondent Registrar of Firm and Societies, Chhattisgarh. 10.2 This Hon'ble Court may kindly be please to set aside/dissolve the Committee constitution of the Agrasen Seva Sangh referred to as Society herein and to hand over/ give back to the authority to the founder members of the Society. 10.3 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ order(s)/ writ(s) in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and\ circumstances of the case, including awarding of the costs to the petitioner.” 2. Learned counsel appearing for respondent No.4 submits that the tenure of the elected members of the concerned Society has already come to an end and, as on date, no fresh election has been conducted. 3 3. Learned counsel appearing for the petitioner, however, opposes the said submission and submits that, in the first place, the election of the private respondents itself was not conducted in accordance with law. It is further submitted that despite completion of their tenure, the private respondents are continuing to discharge the functions of the office on the strength of the earlier election and are now also proceeding towards holding another election, which, according to the petitioner, is not in accordance with law. It is, therefore, submitted that appropriate directions are required to be issued by this Court. 4. Learned State counsel, on the other hand, submits that the tenure of the private respondents has already come to an end. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the matter in its entirety and having regard to the fact that the tenure of the private respondents has already expired, the substantive relief sought by the petitioner, to the extent it relates to the continuance of the said elected body, has substantially lost its efficacy. However, this Court cannot lose sight of the fact that, despite expiry of the tenure, the affairs of the Society are stated to be continuing on the basis of the earlier election and that the process for holding a fresh election is yet to be completed. 7. In the aforesaid circumstances, respondent No.2/Registrar, Firm and Societies, Chhattisgarh, is directed to take immediate and 4 appropriate steps, in accordance with law, for conducting fresh elections of the concerned Society and to ensure that the election process is completed expeditiously. 8. It is made clear that the petitioner shall be at liberty to raise all his objections and grievances with regard to the legality or otherwise of the earlier election, as well as the proposed/fresh election, before the competent authority in accordance with law. The competent authority shall consider and decide such objections, if raised, in accordance with law. 9. With the aforesaid observations and directions, the present writ petition stands disposed of. 10. No order as to costs. Sd/- /- (Amitendra Kishore Prasad) Judge Yogesh