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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Chhattisgarh Pradesh Sahu Sangh, Through Its President Tahal Singh Sahu, S/o. Shri Patiram Sahu – Appellant
Versus
State of Chhattisgarh, Through Its Registrar – Respondent
Order :
ARVIND KUMAR VERMA, J.
With the consent of the parties, the matter is heard finally.
2. The instant petitioner has ben filed by the petitioner against the impugned order dated 14.07.2025 whereby the respondent No.1- Registrar, Firms and society through the Assistant Registrar passed an order and directed the petitioner to initiate elections and directed the respondent No. 4 to conduct the election under the provisions of the bye-laws under Section 5(A)(B) and (C) and also the provision of clause 11 within a period of 45 days. Against this order, the petitioner has sought for the following reliefs:
10.1. To call for the entire records pertaining to the cse of the petitioner from the respondents.
10.2. That the Hon’ble High Court may kindly be pleased to set aside/quash the impugned order dated 14.07.2025 (Annexure P/1) and Annexure P/11 dated 23.07.2025.
10.3. That the respondents be issued suitable direction to allow the petitioner to continue on the post of President due to petitioner is an elected and extended in the general meeting.
10.4. Any other relief or relief(s) which this Hon’ble Court may think proper in view of the facts and circumstances of the case may also kindly be
Court emphasized that judicial intervention in ongoing election processes should be avoided to uphold the democratic framework, reserving disputes for resolution post-election.
The Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
Where orders are passed condoning the delay, they are discretionary orders and ought not to be interfered with.
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.
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