HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA, J.
Chhattisgarh Pradesh Sahu Sangh, Through Its President Tahal Singh Sahu, S/o. Shri Patiram Sahu – Petitioner
Versus
State of Chhattisgarh, Through Its Registrar – Respondent
WPC No. 4037 of 2025
Decided On : 05-08-2025
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 granted.
3. Facts of the case in brief is that the petitioner Sangh is registered under the Chhattisgarh Society Registration Act, 1973 having registration No.33/1961 and office situated at Bhamashah Hospital, Tikrapara, Raipur, District Raipur (CG). The petitioner framed bye laws in the name of Chhattigarh Pradesh Sahu Sangh for the whole state of Chhattisgarh and approved by the Deputy Registrar, Firms and Society Naya Raipur and the bye-laws was amended from time to time. The petitioner was elected as President of Chhattisgarh Pradesh Sahu Sangh in the year 2022 and the tenure of the petitioner is from 16.04.2022 to 16.04.2025 and the election report was submitted by the Petitioner Sangh before the Registrar office under Section 27 and 28 of the Chhattisgarh Society Registration Act, 1973. The Petitioner Sangh continued to work as President and on 07.01.2025, general body meeting was conducted by the Chhattisgarh Pradehs Sahu Sangh at Rajim and decision was taken in respect of the amendment in bye law as well as the election proceedings and resolution was passed from amendment in the election procedure directing to constitute an amended committee and also directed that the election has to be completed within a period of six months. The petitioner Sangh submitted the detailed amendment before the Registrar under Sections 27 & 28 of the Chhattisgarh Society Registration Act, 1973 and as per the amendment, election office has been nominated by the Sangh. By order dated 15.04.2025, the Chhattisgarh Pradesh Sahu Sangh submitted the application for extension of tenure of executive body for a period of six months and vide order dated 30.04.2025, issued a common notification to all the 36 district level Sahu Sanghs for the elections and the election proceeding began from 1st May 2025 to be held in four layers and has appointed Chief Election Officer as well as Assistant Election Officer. Some complaints were made by the members of the Chhattisgarh Pradesh Sahu Sangh, Raipur before the Deputy Registrar and notice was issued to the President, Chhattisgarh Pradesh Sahu Sangh to which the President submitted his reply before the Assistant Registrar.
3. The petitioner Sangh has already published the schedule for election vide order dated 30.04.2025 stating that some of the members without following the bye laws and without calling the existence/elected executive body constituted a steering committee on 03.05.2025 and a coordination committee on 13.05.2025. Again some of the members without intimation of the existing elected body, called a general meeting on 11.07.2025 and issued notice on 07.04.2025. The petitioner Sangh submitted its reply mentioning that the Committee constituted for the resolution of the dispute between the members but the Committee interrup
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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