2024:CGHC:29503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3999 of 2024

1. Ashutosh Tiwari S/o Late Shri Santosh Tiwari Aged About 40 Years R/o Village Kosla, Tahsil Pamgarh, District- Janjgir- Champa Chhattisgarh. Present Address- Main Road Sarkanda, Bilaspur, Tahsil And District Bilaspur Chhattisgarh.

2. Krishna Kumar Singh Kanwar S/o Shri Sarkar Singh Kanwar Aged About 34 Years R/o Village Kosla, Tahsil Pamgarh, District- Janjgir- Champa Chhattisgarh. Present Address City Kotwali Premises Bilaspur, District-

Bilaspur Chhattisgarh.

... Petitioners Versus

1. State Of Chhattisgarh Through Secretary, Co- Operative Department, Mantralaya Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur Chhattisgarh.

2. The Registrar Co- Operative Socities, Indrawati Bhawan, District Raipur Chhattisgarh.

3. Deputy Commissioner/ Deputy Registrar Co- Operative Socities, Janjgir, District Janjgir- Champa Chhattisgarh.

4. State Co-Operative Election Commission Through Election Commissioner, Office At Mahila Thana Chowk, Chhotapara, District- Raipur Chhattisgarh.

5. Sewa Sahkari Samiti Ltd. Kosla Registration No. 463, Through In- Charge, Society Manager, Registered Office At Village- Kosla, Tahsil Pamgarh, District- Janjgir- Champa Chhattisgarh.

... Respondents For Petitioners : Mr. Ravindra Sharma, Advocate For Respondent-State : Mr. Vinay Pandey, Dy. A.G.

For Respondent No. 4 : Mr. Malay Shrivastava, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

07/08/2024

1. Petitioners have filed this writ petition seeking following reliefs.

“10.1 That, this Hon’ble Court may kindly be pleased to issue a writ of mandamus setting-aside the impugned order dated 18.07.2024 and may kindly be pleased to direct the Respondent No. 3 to decide the candidature of the petitioners as voter in the election and to take decision in accordance with law.

10.2 That this Hon’ble Court may kindly be pleased to issue any writ or direction or order as deem fit in the interest of justice.

2. Learned counsel for petitioners submits that petitioners are the members of Seva Sahkari Samiti Maryadit, Kosla, Registration No. 463, Block Pamgarh, District Janjgir-Champa, they submitted an application for inducting them as a member of the Society in the month of November, 2023. Accordingly their name was registered and they were also issued passbooks. One of the members of the Society filed a writ petition before this Court stating that the representation submitted before the authority to conduct election of the Society is not being considered, said petition was disposed of with direction to decide the representation of petitioners therein. When the election could not be held and representation could not be decided, a contempt petition was filed and only thereafter in a haste manner the State Co-operative Election Commission has initiated proceedings for holding the election on 24.06.2024. He submits that in the voters’ list prepared by the Respondent No. 5, name of petitioners are not mentioned as voter of the Society. After getting the knowledge, petitioners submitted application before Deputy Registrar, which came to be dismissed and thereafter have filed this writ petition.

3. Learned counsel for the State opposes the submission of learned counsel for the petitioners and would submit that the proper election program is published following due procedure as prescribed under the law. The list of voters/ members of the Society was handed over to the concerned officer and accordingly the list of members/ voters was published on the notice board on 28.06.2024 and thereafter sufficient time was granted calling objection from any of the member of the Society from voters’ list from

29.06.2024 to 07.07.2024. Petitioners have not raised any objection within the prescribed time. He submits that the submission of learned counsel for petitioners that petitioners being the Farmers could not able to file objection due to kharif season, is not acceptable. He submits that there are as m