Order on Board

(Cause Title is taken from CIS System)

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 That, the Hon'ble court may kindly be pleased to call entire records pertaining to the nomination as well as removal of the prescribed officer from the office of Commissioner Co-operative Society Mahasamund / Respondent no. 5, for kind perusal of this Hon'ble court.

10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ by quashing the order impugned dated 19.03.2026 (Annexure P-1) & 15.12.2025 (Annexure P-2).

10.3 That this Hon'ble court may kindly be please to direct the respondents authority to not disturb the petitioner till the election of the Board of Directors of the Co-operative Society and he may be permitted to work for the Society.

10.4 Any other relief which the Hon'ble Court may deem fit, in the interest of justice”

2. Facts of the case, as projected in the petition, are that the present case arises out of the policy decision taken by the State Government for re-organisation of co-operative societies and consequential amendments made in the provisions of the Societies Act, with the objective of ensuring smooth functioning of Primary Agricultural Credit Co-operative Societies. In furtherance thereof, provision was made under Rule 43-B sub-rule 4(a) of the Rules, 1962 for appointment of a Prescribed Officer to discharge the functions of the President of the Society till the conduct of elections. It is the case of the petitioner that prior to such appointment, due enquiry was conducted and only those persons fulfilling the requisite conditions, namely being a member of the concerned society, having availed loan from the society, and not suffering from any disqualification, were considered eligible. Upon satisfaction of all such criteria, a proposal was duly passed in favour of the petitioner and accordingly, by order dated 14.11.2024, the respondent No. 5 appointed the petitioner as Prescribed Officer of Toshgaon Society. Pursuant thereto, the petitioner assumed charge on 19.11.2024 and his signatures were duly communicated to the concerned bank. It is further averred that during his tenure, the petitioner efficiently discharged his duties and contributed towards achieving the target of zero shortage in paddy procurement for the year 2024–25. Additionally, for the subsequent procurement year 2025–26, agreements were executed between MARKFED and the society under the supervision of the petitioner, in which he actively participated. It is further the case that elections of co-operative societies have not been conducted since the year 2017–18, and in absence thereof, the State Government has been administering such societies through appointed Prescribed Officers. In this regard, a writ petition bearing WPC No. 1244/2023 (Sanjay Pradhan vs. State of Chhattisgarh) was filed seeking directions for conduct of elections, wherein this Court vide order dated 15.03.2023 directed the State Co-operative Election Commission to place on record steps taken for conducting elections. However, till date, no effective steps have been taken and elections remain pending. While the petitioner was continuing in office, a proposal dated 12.12.2025 was suddenly passed recommending his removal, and on the basis of such proposal, respondent No. 5 issued an order dated 15.12.2025 removing the petitioner from the post of Prescribed Officer without assigning cogent reasons and without any declaration of election schedule. Aggrieved thereby, the petitioner preferred an appeal before the Joint Registrar, who initially granted interim protection by staying the removal order on 17.12.2025. However, subsequently, the appellate authority dismissed the appeal vide order dated 19.03.2026, primarily relying upon powers under Section 49(8) of the Co-operative Societies Act, 1960, without proper consideration of the petitioner’s contentions. Being aggrieved, the petitioner has approache