1 CGHC010318642022 2026:CGHC:41177 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4378 of 2022 1 - Malikram Dewangan S/o Late Kanhaiya Lal Dewangan Aged About 72 Years R/o Mukam And Post Kadgi, Tehsil Kasdol, District Balodabazar (C.G.) 2 - Reshamlal Dewangan S/o Shri Sunhar Ram Dewangan Aged About 69 Years R/o Mukam And Post Kadgi, Tehsil Kasdol, District Balodabazar, Chhattisgarh. 3 - Motilal Dewangan S/o Shri Bairagi Ram Dewangan Aged About 68 Years R/o Mukam And Post Kadgi, Tehsil Kasdol, District Balodabazar, Chhattisgarh. 4 - Uderam Dewangan S/o Shri Ram Dewangan Aged About 65 Years R/o Mukam And Post Kadgi, Tehsil Kasdol, District Balodabazar, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Co- Operative, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Registrar Cooperative Societies, Office Of Head Of Department, Indrawati Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 3 - Deputy Registrar Cooperative Societies, Balodabazaar-Bhatapara, Chhattisgarh. 4 - Deputy Director Hathkargha, District Hathkargha Office, Chhattisgarh Bunkar Sangh Bhawan Amapara, District : Raipur, Chhattisgarh 5 - Shriram Bunkar Sahkari Samiti Maryadit Katgi, Through Manager, Digitally signed by AMIT PATEL 2 Shriram Bunkar Sahkari Samiti Maryadit, Katgi, District : Balodabazar- Bhathapara, Chhattisgarh 6 - Authorized Officer Shriram Bunkar Sahkari Samiti Maryadit, Katgi, District : Balodabazar-Bhathapara, Chhattisgarh 7 - Registration Officer And Senior Cooperative Inspector Shriram Bukar Sahkari Samiti Maryadit, Katgi, District : Balodabazar-Bhathapara, Chhattisgarh 8 - C.G. State Cooperative Election Commission Through Its Secretary, Cg State Cooperative Election Commission, District : Raipur, Chhattisgarh ... Respondent(s) (Cause title taken from CIS system) For Petitioners : Mr. Gaurang Dubey, Advocate on behalf of Mr. Pawan Kesharwani, Advocate For State : Mr. Abhyuday Tripathi, PL For Private Respondents : Mr. Malay Shrivastava, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22/09/2026 1. The petitioners have filed this petition with the following reliefs:- “ 10.1 The Hon'ble Court may kindly be pleased to call for the entire record pertaining to the matter. 10.2 The Hon'ble Court may kindly be pleased to quash the order dated 12/09/2022 passed by the respondent no.3 (ANNEXURE P-1). 10.3 The Hon'ble Court may kindly be pleased to direct the respondent no. 7 and 8 to conduct the election of the respondent no.5 society as per the Final list published on 29.07.2022. 10.4 Any other relief, which this Hon'ble Court may deems fit and proper may also be awarded 3 to the petitioner including the cost of the petition..” 2. Learned counsel appearing for the petitioners submits that the present petition has been preferred assailing the illegal, arbitrary and unreasonable order dated 12.09.2022 passed by respondent No. 3, whereby, without there being any authority or jurisdiction vested in him, respondent No. 7 has been directed to republish the list of members of respondent No. 5-Society for the purpose of election. It is submitted that, pursuant to the impugned order, the names of persons who are otherwise ineligible for membership, in view of their failure to satisfy the minimum requirement of service rendered by them, have also been directed to be included in the electoral list. The aforesaid direction has been issued merely on the premise that Section 48(7)(B) has subsequently been amended and that the bye-laws of the Society do not contain any provision prescribing a minimum level of service for eligibility to become a member. Learned counsel submits that respondent No. 3 had no authority or jurisdiction to issue such a direction, particularly when the eligibility of the members was required to be determined in accordance with the applicable statutory provisions and the bye-laws governing the Society. 3. Learned counsel appearing for the respective respondents submit that the instant petition, as framed and filed by the petitioners, is devoid of any merit or substance and is, therefore, liable to be dismissed. It is further submitted that the impugned order has been passed by respondent No. 3 in exercise of powers under the 4 provisions of the Chhattisgarh Cooperative Societies Act, 1960, and is appealable in nature. Since the petitioners have an efficacious statutory remedy available to them, but have deliberately chosen to bypass the same and invoke the extraordinary jurisdiction of this Court, the present petition is not maintainable. On this ground alone, the petition deserves to be dismissed at the threshold. 4. In view of the fact that an efficacious alternative remedy is available to the petitioners under the law against the order dated 12.09.2022 passed by respondent No. 3-Deputy Registrar, Co- operative Societies, this Court is of the considered view that the present petition need not be entertained at this stage. Accordingly, without expressing any opinion on the merits of the case, the petitioners are granted liberty to avail the alternative remedy available to them in accordance with law before the concerned authority. 5. The present petition is, accordingly, disposed of with the aforesaid liberty. SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL