1 CGHC010245952021 2026:CGHC:42346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3946 of 2021 Jagannath Prasad Ratre S/o Late Firat Ram, Aged About 48 Years, Caste Satnami, President Machhuwa Sahkari Samiti Maryadit Kurda, Registration No. 273, Village Kurda, Tahsil Champa, District Janjgir Champa Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department of Cooperative Societies, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh 2 - Secretary, Department Of Fisheries, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh 3 – Secretary/Commissioners, Chhattisgarh Cooperative Election Commission, Raipur District Raipur Chhattisgarh 4 - Collector Janjgir District Janjgir Champa Chhattisgarh 5 - Chhattisgarh State Cooperative Tribunal Bilaspur, District Bilaspur Chhattisgarh SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.09.30 17:48:40 +0530 2 6 - Joint Registrar Cooperative Societies, Bilaspur Division, Bilaspur, Office At Infront Of Collectorate, Old Composit Building Bilaspur District Bilaspur Chhattisgarh 7 - Appellate Authority-Cum-Deputy Registrar, Cooperative Societies, Janjgir District Janjgir Champa Chhattisgarh 8 - District Fisheries Officer, Janjgir, District Janjgir Champa Chhattisgarh 9 - Registration Officer, Bol Bamb Machhuwa Sahkari Samiti Kurda, Registration No. 272, Kurda, District Janjgir Champa Chhattisgarh 10 - Rohit Kumar Kenwat S/o Late Bund Ram Kenwat, Aged About 50 Years, Vice President, Bol Bamb Machhuwa Sahkari Samiti Kurda, District Janjgir Champa Chhattisgarh ... Respondent(s) (Cause Title downloaded from CIS Periphery) For Petitioner(s) : Ms. Mandavi Bharadwaj, Advocate and Mr. Chandrabhushan Kesharwani, Advocate For Respective Respondents : Ms. Priyank Rathi, Government Advocate and Mr. Malay Shrivastava, Advocate SB: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/09/2026 1. By way of this petition, the petitioner seeks the following reliefs : 3 10.1 This Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 05-08-2021 (Annexure P-1) and order of Joint Registrar dated 10- 01-2020 (Annexure P-9) to maintain the order passed by the Deputy Registrar and Registration Officer. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities particularly the respondent No.3 not to compel the respondent No.9 to take any decision for retrenchment. 10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble Court deems fit in the circumstances of the case. 10.4 Cost of the petition may also awarded. 2. Brief facts of the case are that the petitioner, who is the President of Bol Bamb Machhuwa Sahkari Samiti Maryadit, Kurda, a society registered under the Chhattisgarh Cooperative Societies Act, 1960 (in short “the Act of 1960”) challenges the order dated 05/08/2021 passed by the Chhattisgarh State Cooperative Tribunal. The dispute originated during the election of the Board of Directors, where a provisional voter list of 54 members was published. Respondent No. 10 objected to voters at Serial Nos. 30 to 54, alleging ineligibility under Rule 5 of the bylaws and forged resolutions by the petitioner. After the Returning Officer rejected these objections and the Deputy Registrar dismissed the initial appeal of Respondent No. 10, Respondent No. 10 approached this Court by filing WPC No. 3799/2019, wherein a direction was issued vide order dated 23.10.2019 to file an appeal before the Joint Registrar (Second Appellate Authority) and till the appeal is 4 taken up by the Second Appellate Authority and a decision is taken on the application for grant of interim relief, the concerned respondents therein were restrained from proceeding further with the election process. On 10.01.2020, the Joint Registrar, Cooperative Societies, Bilaspur, allowed the appeal in favour of Respondent No. 10. Subsequently, the petitioner’s appeal against the order dated 10.1.2020 before the State Cooperative Tribunal, Bilaspur was dismissed at the motion stage on the ground of maintainability without adjudication on merits. Hence, this Petition. 3. Learned counsel for the petitioner submits that the impugned order dated 05.08.2021 (Annexure P/1) and the order dated 10.01.2020 (Annexure P/9) passed by the Joint Registrar are arbitrary, illegal, and passed without jurisdiction. Under Rule 49 of the Cooperative Society Rules, 1962 (in short “the Rules of 1962”), orders of the First Appellate Authority regarding the election process are final and non-appealable, therefore, the Joint Registrar erred in law by entertaining a second appeal on merits. Furthermore, the learned State Cooperative Tribunal failed to exercise its jurisdiction by dismissing the petitioner’s first appeal at the motion stage without applying its judicial mind. Additionally, the Joint Registrar improperly allowed the appeal of Respondent No.10 while ignoring mandatory statutory provisions concerning the summary inquiry, finalized registration, and publication of the voter list as well as the unsubstantiated allegations raised 5 regarding quorums. Hence, both the orders are liable to be quashed. 4. On the other hand, learned counsel for the State would support the impugned orders. He submits that the petition is not maintainable as the statutory framework under the Act of 1960 and the Rules of 1962 contains no provision for a third appeal. Hence, the Petition is liable to be dismissed. 5. Having heard learned counsel for the parties and also perused the material on record, this Court finds that the impugned order dated 10.01.2020 is a non-speaking order, as it fails to assign any reasons for directing the removal of members listed from Sl. No. 30 to 54. 6. In light of the above, the impugned order dated 10.01.2020 is hereby set-aside and the matter is remanded to the Joint Registrar for fresh consideration in accordance with law. The Joint Registrar shall pass a fresh and reasoned order after affording an opportunity of hearing to the petitioner as well as all other interested parties. 7. If, upon re-examination, the Joint Registrar concludes that the said members are liable to be removed, a speaking order to that effect shall be passed. Conversely, if it is found that their removal was contrary to law and that members from Sl. No. 30 to 54 ought to be retained/included, appropriate orders to that effect shall be passed. 8. The petitioner is directed to appear before the concerned Joint Registrar within a period of 15 days from the date of receipt of a 6 certified copy of this order. The Joint Registrar shall thereupon consider and decide the matter expeditiously in accordance with law. 9. With the aforesaid observations/directions, the Writ Petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay