Court emphasizes that once the election process has commenced, judicial interference is limited, and eligibility for voting must comply with established rules within organizational frameworks.

ORDER :

NARENDRA KUMAR VYAS, J.

1. This petition has been filed by the petitioner for declaring the election process of Indian Red Cross Society Chhattisgarh State Management Committee for 2024-2027 held on 11.04.2026 as null and void and also for conducting afresh election.

2. The brief facts as reflected from records are that:-

(A) The petitioner is a life member of the Indian Red Cross Society, Chhattisgarh State Branch (for short “the Society”). It is case of the petitioner that as per the provisions of Indian Red Cross Societies Act, 1920 (for short “the Act, 1920”), the Collector of the District will be the President of District Indian Red Cross Society and the Chief Medical and Health Officer of the District will be Secretary of the District Indian Red Cross Society accordingly, the President and the Secretary of Ambikapur District Red Cross Society have nominated the petitioner for attending the meeting of State Management Committee vide memo dated 09.04.2025 as District representative of District Society Surguja for election for election of State Level Society for the period 2024-2027 as per the Indian Red Cross Society Branch Committee Rules, 2017 (for short “the Rules, 2017”).

(B) It is also case of the petitioner that the petitioner marked his presence in the meeting and signed in the attendance sheet as well as meeting register but the Chief Executive Officer did not allow him to cast his vote which is in violation of the the Rules, 2017. It is also case of the petitioner that as per Schedule-I Rule 10 (2) of the Rules, 2017, the petitioner is the life member and Rule 7(b) of the Rules, 2017, he has right to cast vote. It is also case of the petitioner that as per Schedule-III Rule 12, the Management Committee of the State and Union Territory will consist of Chairman, Treasurer, Vice-Chairman who shall be elected by the Management Committee from amongst themselves in the first meeting held after its composition or election. Four members of the State or Union Territory Branch from amongst of patrons, vice-patrons and life members of the branch as decided by the management committee and one representative elected by one District Branch Committee. The Rules further provide that the General Secretary of the State or Union Territory Branch will be member, secretary and non-voting members. The Rule further provides that the management committee may co-opt up to five members namely Ministry of Health, Education, Social Welfare etc. having expertise in any part of the organization functions.

(C) It is contended that therefore, it is incumbent upon the respondents to conduct election for all the District Branch Committee. The respondents have conducted election for all the 33 District Branch Committee but they have deliberately not conducted election for Surguja District Branch Committee and without conducting the same, the election of the State Level Society is illegal. Hence this petition for quashing of the election of State Level Society for the year 2024-2027.

3. The petitioner has also prayed for stay of the election result and handing over charges to the newly elected body till final disposal of the petition. This Court vide order dated 16.04.2025 has stayed the election in respect of Indian Red Cross Society, Chhattisgarh State and also directed that even if the respondents have taken oath, they shall not to do any further activity in respect of the election till the next date of hearing. Thereafter, the interim order was modified vide order dated 08.05.2025 and it has been directed that elected office bearers shall work as volunteers and not as office bearers and the petitioner was also at liberty to work and extend his service as a volunteer.

4. Respondents No. 4 & 5 filed their return raising preliminary objection with regard to maintainability of the writ petition and on merit, it has been contended that :-

(A) His Excellency the Governor of State of Chhattisgarh has dissolved the State Level Committee and has permitted