AFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 48 of 2023 Judgment Reserved on : 08.07.2024 Judgment delivered on : 26.07.2024

1. Babu Lal Agrawal, S/o Late Shri Banarsidas Agrawal, aged around 60 Years, President of Sambhgiye Agrawal Mahasabha, Bilaspur (a registered society under the C.G. Society Registration Act, 1973 with Registration No. B.S. 7022), Resident of Lal Tanki Road, Raigarh, Tahsil And District-Raigarh (C.G.)

2 Rajendra Agrawal @ Raju S/o Late Hazarilal Agrawal Aged About 64 Years, Secretary General Of Sambhgiye Agrawal Mahasabha, Bilaspur (A Registered Society Under The C.G. Society Registration Act, 1973 With Registration No. B.S. 7022), Resident Of R-5, Kranti Nagar, Tahsil And District-Bilaspur (C.G.)

---- Petitioners Versus

1. The Assistant Registrar Of Societies (Appointed Under Section 4(2) Of The C.G. Society Registration Act, 1973)office At Composite Building, Collectorate Complex, Bilaspur, District- Bilaspur (C.G.)

2. The Registrar Of Societies (Appointed Under Section 4(1) Of The C.G. Society Registration Act, 1973) Office At 3rd Floor, Block-I, Indrawati Bhawan, Atal Nagar, Raipur, District Raipur (C.G.)

3. Kanhaiya Lal Agrawal Member Of Sambhgiye Agrawal Mahasabha, Bilaspur (A Registered Society Under The C.G. Society Registration Act, 1973 With Registration No. B.S. 7022) Resident Of Shubham Fertilizers, Bus Stand Road, Ambikapur, District Surguja (C.G.)

4. Rajesh Agrawal Previous Secretary General Of Sambhgiye Agrawal Mahasabha, Bilaspur (A Registered Society Under The C.G. Society Registration Act, 1973 With Registration No. B.S. 7022) Resident Of Agrawal Machinery, Dayalband, Bilaspur (C.G.)

5. State Of Chhattisgarh Through The Secretary, Ministry Of Commerce And Industries, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Raipur (C.G.)

---- Respondents ------------------------------------------------------------------------------------------------

For Petitioners : Mr. Hari Agrawal, Advocate.

For Respondents No. 1, 2 & 5 : Mr. Ajay Kumar Pandey, Govt. Adv.

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Hon'ble Mr. Justice Naresh Kumar Chandravanshi

CAV JUDGMENT

1. This petition has been preferred challenging the communication/ order dated 22.12.2022 (Annexure P-1) passed by respondent No. 1 whereby election process held on 26.04.2022 was cancelled and new election process was directed to be held within 60 days by furnishing necessary information to it.

2. Facts of the case, in nutshell, are that the petitioners are the President & General Secretary of a Society named and styled as Sambhagiye Agrawal Mahasabha, Bilaspur (for short, ‘Society’), respectively, which is registered under the provisions of M.P./C.G. Society Registrikaran Adhiniyam, 1973 (henceforth “Adhiniyam, 1973”) with registration No. 7022, dated 08.12.2014. Vide letter dated 05.04.2022, a general meeting of the Society was scheduled to be conducted on 26.04.2022, whereby the election / selection of governing body of the Society was scheduled to be held. On scheduled date, after following due procedure prescribed in bye-laws, the election for the post of President of Society was conducted and petitioner No. 1 was elected on the post of President of the Society. Thereafter, members of the governing body were selected, wherein petitioner No. 2 was selected as a Secretary General. On 14.11.2022, a complaint was filed by respondent No. 3 and 15 other members of the Society before respondent No. 1 challenging the election process held on 26.4.2022. Vide letter dated 7.12.2022, respondent No. 1 sought response from the Secretary of the Society on aforesaid complaint, but reply of aforesaid notice was filed by previous Secretary General i.e. respondent No. 4, in which, he accepted all the allegations made in the complaint, thereafter, respondent No. 1, vide impugned communication / order dated 22.12.2022 (Annexure P-1), cancelled the election process held on 26.04.2022 and directed to conclude