1 CGHC010148132022 2026:CGHC:38224 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 56 of 2022 Shri Jan Seva Samity Sakti A Society Registered Under The C.G Society Registrikaran Adhiniyam, 1973, Through Its President Ashok Kumar Khetan S/o Laxminarayan Khetan, Aged 49 Years, Occupation - Business, R/o Hatri Hospital Road, Ward No. 7, Sakti, District Janjgir Champa, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Firms And Societies, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh., 2 - Principal Registrar, Firms And Societies, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh. 3 - Collector, District Janjgir Champa, Chhattisgarh. 4 - Assistant Registrar, Firm And Societies, New Composite Building Bilaspur, Division And District Bilaspur, Chhattisgarh., 5 - Govind Ram Kathuriya S/o Dhanpat Rai Aged About 65 Years R/o Bazar Road, Sakti, District Janjgir Champa, Chhattisgarh. 6 - Jagdish Prasad Bansal S/o Late Ramfal Bansal Aged About 65 Years R/o Bansal Apartment Sakti, District Janjgir Champa, Chhattisgarh. ... Respondents 2 For Petitioner : Mr. Malay Shrivastava and Ms. Isha Rajak, Advocates. For Respondent No. 1 to 4/State : Mr. Anish Tiwari, Dy. Govt. Advocate For Respondent No.5 : Mr. Hari Agrawal, Advocate For Respondent No.6 : None though Vakalatnama filed on his behalf. Hon’ble Shri Justice Naresh Kumar Chandravanshi, J Order on Board (25th August, 2026) This Court vide order dated 1.11.2021 passed in WPC No.4376/2021 in the case of Jagdish Prasad Bansal Vs. State of CG and others, had directed “respondents No.2 & 3 to consider on the representation made by the petitioner dated 09.09.2021 and also the complaint made by the petitioner along with other correspondence made in that respect and take all steps to conduct an enquiry on the complaint made and conclude the same within a period of six months from today.” 02. Learned counsel for the petitioner would submit that in the said representation, respondent No.6/complainant had made a complaint against Govind Ram Kathuriya (respondent No.5) that being President of Shri Jan Seva Samiti, Sakti, he committed financial irregularities and misappropriated/embezzled the funds of the society. Learned counsel further submits that in WPC No.4376/2021, Shri Jan Seva Samiti, Sakti, which is a registered society, is neither a party nor it has been provided opportunity of hearing, despite that in compliance of the order 3 dated 1.11.2021 passed by this Court in the aforesaid petition, the Registrars/respondents No. 2 & 3 are insisting to conduct enquiry into the records and affairs of the society. He submits that as per Section 32(2) of Chhattisgarh Societies Registration Act, 1973 (in short “the Act of 1973”), any enquiry can be conducted only on complaint being made by the members, as has been contemplated in the aforesaid provision. But the petitioner in WPC No.4376/2021 was not a member of the society, therefore, he was not competent, in his individual capacity, to set the statutory machinery under Section 32 of the Act of 1973 in motion. Hence he prays that the impugned order dated 1.11.2021 passed in WPC No.4376/2021 be recalled. 03. Learned counsel appearing for the respondents have no objection to allow the aforesaid prayer of the petitioner. 04. Heard learned counsel for the parties and perused the material available on record. 05. Section 32(2) of the Act of 1973 deals with the procedure for enquiry and settlement of disputes. Section 32(2) reads as under: “Section 32 - Enquiry and settlement of disputes. (1)     xxx xxx xxx (2)     An enquiry of the nature referred to in sub-section (1) shall be held on [the application together with an affidavit in support of its contents] of— 4 (a)      a majority of the members of the governing body of the society; or (b)      not less than one-third of the total number of members of the society.” 06. As contended by learned counsel for the parties, respondent No.6/complainant/petitioner therein was not a member of the society. Further, the aforesaid complaint made by him pertains to financial irregularity and misappropriation/embezzlement of funds of the society, allegedly committed by respondent No.5 Govind Ram Kathuriya but the petitioner-society was neither a party to WPC No.4376/2021 nor it has been shown that sufficient members of the society had made complaint for the said enquiry as required under Section 32(2) of the Act of 1973. 07. Having considered the aforesaid submissions made by learned counsel for the parties and the legal position, this Court is inclined to allow the instant review petition. Consequently, the review petition is allowed and the order dated 01.11.2021 passed in WPC No.4376/2021, parties being Jagdish Prasad Bansal Vs. State of CG and others, is hereby recalled. 08. Registry is directed to restore WPC No.4376/2021 to its original number and list the same before the Bench having roster. Sd/ (Naresh Kumar Chandravanshi) Judge Khan MOHD AKHTAR KHAN Digitally signed by MOHD AKHTAR KHAN Date: 2026.08.31 11:37:45 +0530