Umashankar Shukla vs State Of Chhattisgarh
2022 Latest Caselaw 239 Chatt

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                                                                      NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR
                           WA No. 19 of 2022
Umashankar Shukla S/o Late Shri Gajadhar Shukla Aged About 69 Years
Former President Bastar Jila Patrakar Sangh, R/o Vardhman Colony,
Near Kishan Rice Mill, Jagalpur, District Bastar Chhattisgarh

                                                               ---- Appellant

                                  Versus

1.   State of Chhattisgarh Through Secretary, Registrar Firms And
     Society, Indravati Bhawan Block-I, Third Four New Raipur
     Chhattisgarh

2.   The Collector, District Bastar, Jagdalpur, Chhattisgarh

3.   Ashotosh Duvedi (Advocate), Nominated Election Officer For
     Bastar Jila Patrakar Sangh, Address- District Court Hall No. 01,
     District Court Jagdalpur District Bastar Chhattisgarh

                                                         ---- Respondents

(Cause-title taken from Case Information System)

For Appellant : Mr. Neeraj Choubey, Advocate For Respondents No.1 & 2 : Mr. H.S. Ahluwalia, Deputy Advocate General

Hon'ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri N.K. Chandravanshi Judge

Judgment on Board Per Arup Kumar Goswami, Chief Justice

13.01.2022

Heard Mr. Neeraj Choubey, learned counsel for the appellant. Also

heard Mr. H.S. Ahluwalia, learned Deputy Advocate General appearing

for respondents No.1 and 2.

2. Challenge in this appeal is to an order dated 20.12.2021 passed by

the learned Single Judge in Writ Petition (C) No. 5172 of 2021, whereby

the writ petition filed by the appellant was rejected as not maintainable in

view of the availability of alternative remedy under the Chhattisgarh

Societies Registration Act, 1973.

3. Challenge in the writ petition was to an order dated 30.10.2021

passed by the respondent No. 2 (Collector, District - Bastar) whereby the

Collector constituted a Committee of Government Officers to conduct an

election of the Association of Bastar Jila Patrakar Sangh. In the order

dated 20.12.2021 of the learned Single Judge, the order dated

30.10.2021 is wrongly recorded as 30.10.2020.

4. In the writ petition, the petitioner (appellant herein) described

himself to be a former President of Bastar Jila Patrakar Sangh.

5. Bastar Jila Patrakar Sangh was not arrayed as party-respondent. It

also appears from the averments made in the writ petition that on

18.10.2021, a representation was filed before the respondent No. 2 by

the former President and Secretary pointing out certain irregularities and

on the basis of such representation, the order dated 30.10.2021 came to

be passed. The former President and Secretary are also not made

parties to the writ petition. In Annexure - P/4 to the writ petition, which is

the representation, signatories are shown as President and Secretary

and not Ex-President and Ex-Secretary, as contended by the petitioner.

6. Considering the matter in its entirety, we see no good ground to

interfere with the order passed by the learned Single Judge and

accordingly, the writ appeal is dismissed. No cost.

                          Sd/-                                         Sd/-

                (Arup Kumar Goswami)                        (N. K. Chandravanshi)
                     Chief Justice                                   Judge
Anu