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2026 DAILYLAW 658 (CHH)

SARABJEET KAUR v. STATE OF CHHATTISGARH

WPC/478/2026 · 2026-02-08

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 478 of 2026 1 - Sarabjeet Kaur W/o Amarjeet Singh, Aged About 55 Years R/o 3- C/st-8 Sector- 8 Bhilai District- Durg (C.G.) 2 - Hardeep Kaur, D/o Late Mohinder Singh Aged About 24 Years R/o H.N. 7a St. 20, Sector- 2, Bhilai District- Durg (C.G.) 3 - Gurleen Kaur D/o Mukhvinder Singh Aged About 20 Years R/o Q. No. 7a St. 20, Sector- 2, Bhilai District- Durg (C.G.) 4 - Prathamjeet Singh S/o Shri Sukhwinder Singh Aged About 26 Years R/o Ashish Nagar East Bhilai Sector- 2 Bhilai District -Durg (C.G.) 5 - Gurvinder Singh S/o Late Shri Jaswant Singh Aged About 51 Years R/o Plot No. 77/, St. 04 Maitri Kunj Bhilai District -Durg (C.G.) 6 - Jitender Singh Mann S/o Shri Gurudev Singh Mann Aged About 46 Years R/o H. No. 156 St. A Smriti Nagar Bhilai District -Durg (C.G.) 7 - Simranjeet Kaur D/o Gurumej Singh Aged About 25 Years R/o H. No. 7/a St. 52 Sector- 6, Bhilai District -Durg (C.G.) 8 - Hardeep Singh S/o Late Shri Bhag Singh Aged About 53 Years R/o St. 10 Ashish Nagar East Bhilai Bhilai District -Durg (C.G.) 9 - Ekjot Kaur D/o Shri Gurvinder Singh Aged About 20 Years R/o Plot No. 77/1 St. 04, Maitri Kunj, Bhilai District -Durg (C.G.) 10 - Jaspreet Kaur W/o Shri Gurvinder Singh Aged About 50 Years R/o Plot No. 77/1 St. 04, Maitri Kunj Bhilai District -Durg (C.G.) 11 - Satjot Singh S/o Shri Mukhvinder Singh Aged About 20 Years R/o Q. No/ 7/a St. 20, Sector- 2 Bhilai District -Durg (C.G.) 12 - Vanshdeep Kaur D/o Shri Gurvinder Singh Aged About 23 Years R/o Plot No. 77/1 St. 04, Maitri Kunj Bhilai District -Durg (C.G.) 13 - Nirmal Singh S/o Late Shri Mahinder Singh Aged About 66 Years Digitally signed by AJINKYA PANSARE Date: 2026.02.10 10:27:36 +0530 2 R/o Plot No. 84, Cross St. 15, Pragati Nagar Risali Bhilai District -Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Commerce And Industries, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur District- Raipur (C.G.) 2 - Registrar, Firms And Societies, Indrawati Bhawan, Atal Nagar, Nava Raipur District- Raipur (C.G.) 3 - Assistant Registrar Firms And Societies, Durg Division Durg District- Durg (C.G.) 4 - Sardar Tara Singh S/o Late Shri Sadhu Singh R/o Mig 01/942 Hudco, Bhilai Tehsil And District- Durg (C.G.) 5 - Jagdeep Singh S/o Late Shri Sohan Singh R/o Street No. 7 Sector- 7 Bhilai Tehsil And District- Durg (C.G.) 6 - P.P. Singh Ahluwalia S/o Late Bhupendra Singh R/o Ews 195, New Housingh Board Kurud, Tehsil And District- Durg (C.G.) 7 - Baljit Singh S/o Shri Gurmej Singh R/o Risali , Sector- Bhilai Tehsil And District- Durg (C.G.) 8 - Bhagwan Singh S/o Late Dilip Singh R/o Ananthapuram Near Milestone Kobka Junwani Tehsil And District- Durg (C.G.) 9 - Manjeet Singh S/o Shri Tara Singh, R/o Mig 01/942 Hudco, Bhiali Tehsil And District- Durg (C.G.) 10 - Jasbir Singh S/o Late Shinda Singh R/o Q. No. 44 Suvet No. 31/a Sector- 7 Bhiali Tehsil And District- Durg (C.G.) 11 - Sukhwant Kaur W/o Shri Jagjit Singh R/o Matri Kunj Bhiali Tehsil And District- Durg (C.G.) 12 - Jagjit Singh S/o Shri Nirmal Singh R/o Matri Kunj Bhiali Tehsil And District- Durg (C.G.) 13 - Harpreet Kaur, W/o Malkeet Singh, R/o Durg, Tehsil And District- Durg, (C.G.) 14 - Manjeet Kaur Flora W/o Shri G.S. Flora R/o Matri Kunj Risali Tehsil And District- Durg (C.G.) 15 - Kulwant Singh S/o Shri Aatma Singh R/o Vaishali Nagar Ews 3 Colony Tehsil And District- Durg (C.G.) 16 - Gurjeet Singh S/o Shri Kulwant Singh R/o Vaishali Nagar, Tehsil And District- Durg (C.G.) 17 - G.S. Flora S/o Late Shri H.S. Flora R/o Matri Kunj Risali Tehsil And District- Durg (C.G.) 18 - Sukhraj Singh S/o Shri Gurjeet Singh R/o Vaishali Nagar, Durg Tehsil And District- Durg (C.G.) 19 - Amardeep Singh S/o Late Shri Kuldeep Singh R/o Nehru Nagar, Tehsil And District- Durg (C.G.) 20 - Jasbir Kaur Anand W/o Amardeep Singh Anand R/o Nehru Nagar, Tehsil And District- Durg (C.G.) 21 - Harcharan Singh Bagga S/o Shri K.S. Bagga, R/o Sector- 2 Tehsil And District- Durg (C.G.) 22 - Manjeet Kaur Bagga W/o Harcharan Singh Bagga R/o Sector- 2 Tehsil And District- Durg (C.G.) 23 - Jasmeet Singh Bagga S/o Shri Harcharan Singh Bagga R/o Sector- 2 Tehsil And District- Durg (C.G.) 24 - Daljeet Singh S/o Shri Nirmal Singh R/o Radhika Nagar Bhilai Tehsil And District- Durg (C.G.) 25 - Devender Pal Singh S/o Late Shri Joginder Singh R/o Plot No. 151/1 Pragati Nagar, Bhilai Tehsil And District- Durg (C.G.) 26 - Gurudev Singh S/o Late Shri Gurumukh Singh R/o President Shri Guru Singh Sabha, R/o Q. No. 1b Street No. 2, Sector 4 Bhilai Tehsil And District- Durg (C.G.) 27 - Sardar Saudagar Singh S/o Late Shri Mukhtar Singh General Secretary, Shri Guru Singh Sabha, R/o 137/d, Ruabandha Sector Bhilai Tehsil And District- Durg (C.G.) 28 - Manjinder Singh S/o Late Shri Gurumukh Singh R/o Q. No. 1a Road No. 2 Sector -4 Bhilai Tehsil And District- Durg (C.G.) 29 - Harcharan Singh Anand S/o Shri Mannohan Singh Anand R/o Guru Singh Sabha, Sector -6 Bhilai Tehsil And District- Durg (C.G.) 30 - C.G. Sikh Panchayat Through General Secretary, Shri Gurnam Singh S/o Shri Baba Deep Singh Gurudwara, Supela Bhilai Tehsil And District- Durg (C.G.) ... Respondent(s) 4 For Petitioners : Mr. Amrito Das, Advocate For Respondents No. 1-3 : Mr. Anand Dadariya, Dy. A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 9.2.2026 1) By way of this petition, petitioners have sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record pertaining to the issuance of the order dated 16.01.2026 (ΑΝΝΕXURE P-1) for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ / order quashing and setting aside the order dated 16.01.2026 (ΑΝΝEXURE P-1) to the extent it directs that the elections be held only from and amongst 295 members. 10.3 That, this Hon'ble Court may kindly be pleased to pass an appropriate writ order directing the respondent authorities to conduct the elections in accordance with the voter list as it existed on 16.01.2026 (ANNEXURE P-1) i.e., the date of issuance of the order passed by the state government, thereby permitting the petitioners to cast their vote. 10.4 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case. 2) Learned counsel for the petitioners submits that petitioners are members of Shri Guru Singh Sabha which is a society duly registered under the provisions of Chhattisgarh Society Registration Act, 1973 [hereinafter to be referred as ‘Act of 1973’]. He further submits that election of society was conducted on 6.10.2024 and later on it was set aside by the competent authority 5 and subsequently, election was held on 3.6.2025 and certificate under Section 27 of Act of 1973 was issued by Assistant Registrar, Firms and Societies, Durg Division. He contends that Registrar, Firms and Societies vide order dated 27.11.2025 directed the erstwhile president of society to conduct the election and said order was challenged before respondent No. 1, which in turn issued an order on 16.1.2026 directing Registrar, Firms and Societies to resolve the dispute with regard to members of society and conduct the election and appointed SDO(R), Durg as observer. He further submits that order dated 16.1.2026 is bad in law as same was issued on the basis of old list of 295 members submitted by the Registrar. He argues that as members of societies have been deprived and debarred from participating in the election without opportunity of hearing, order impugned is blatantly illegal and deserves to be set aside. 3) On the other hand, learned State counsel submits that there was some dispute with regard to members of society, therefore vide impugned order dated 16.1.2016, Registrar, Firms and Societies and SDO(R), Durg were directed to resolve the dispute and conduct election. 4) I have heard learned counsel for the parties and perused the documents placed on record. 5) Taking into consideration the submissions advanced by learned counsel appearing for the respective parties and the dispute 6 involved in present case, petitioners are permitted to make a representation before Secretary, Department Of Commerce And Industries, State of Chhattisgarh raising therein all grievances within a period of 15 days from today and in turn the authority concerned shall consider and decide the representation, if so moved by the petitioners in accordance with the provisions of Act of 1973 and by-laws of society, preferably within a period of 45 days from the date of receipt of representation. 6) With the aforesaid direction, this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a