Hinchha Ram Sahu vs State Of Chhattisgarh
2022 Latest Caselaw 1243 Chatt

                                   1

         HIGH COURT OF CHHATTISGARH, BILASPUR
                         WPC No. 1262 of 2022

 Ramesh Khandelwal S/o Late Ramji Lal Aged About 67 Years R/o Village
  Bandhabazar, Tahsil Chowki , District Rajnandgaon Chhattisgarh.
                                                              ---- Petitioner

                                Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Cooperative
   Affairs, Mantralaya Mahanadi Bhawan, Atal Nagar , Nawa Raipur , District
   Raipur Chhattisgarh.
2. Chhattisgarh State Cooperative Election Commission Through The
   Commissioner, Chhattisgarh State Cooperative Election Commission, Mahila
   Thana Chowk, Chhota Para, Raipur District Raipur Chhattisgarh.

3. Registrar Cooperative Societies, Indrawati Bhawan, Atal Nagar , Nawa
   Raipur , District Raipur Chhattisgarh.

4. Chhattisgarh Rajya Minor Forest Produce Cooperative Society Limited
   Raipur, Van Dhan Bhawan, Sector 24, Atal Nagar, Nawa Raipur District
   Raipur Chhattisgarh.

5. Sub Registrar Cooperative Societies, Rajnandgaon, District Rajnandgaon
   Chhattisgarh.

6. Primary Minor Forest Produce Cooperative Society Limited Bhadsena,
   District Rajnandgaon Chhattisgarh, Through Its Manager.

                                                          ---- Respondents

WPC No. 1244 of 2022

 Hinchha Ram Sahu S/o Shri Namdev Sahu, Aged About 43 Years R/o Village Narralguda, P.S. and Tahsil Doundi, District Balod (C.G.)

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department of Cooperative Affairs, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

2. Chhattigarh State Cooperative Election Commission, Chhattisgarh State Cooperative Election Commission, Mahila Thana Chowk, Chhota Para, Raipur District Raipur (C.G.)

3. Registrar, Cooperative Societies, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.)

4. Chhattisgarh Rajya Minor Forest Produce Cooperative Society Limited, Raipur, Van Dhan Bhawan, Sector-24, Atal Nahar, Nawa Raipur District Raipur (C.G.)

5. Sub Registrar, Cooperative Societies, Balod District Balod (C.G.)

6. Primary Minor Forest Produce Cooperative Society Limited Kunwagondi, District Balod (C.G.), Through its Manager

---- Respondents

WPC No. 1246 of 2022

1. Banarsi Ram S/o Govind Ram, Aged About 61 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Raghunathpur, Registration No. 1696, R/o Village Uchdih, District Surguja, Headquarter Ambikapur, Chhattisgarh.

2. Rajwan S/o Ramjeet, Aged About 37 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Rikhi, Registration No. 1707, R/o Village Ghuchapur, District Surguja, Headquarter Ambikapur, Chhattisgarh.

3. Dwarika Prasad S/o Devnarayan, Aged About 45 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Dadgaon, Registration No. 1708, R/o Village Gumga, District Surguja, Headquarter Ambikapur, Chhattisgarh.

4. Akhilesh S/o Ramlakhan, Aged About 49 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Lakhanpur, Registration No. 1710, R/o Village Korja, District Surguja, Headquarter Ambikapur, Chhattisgarh.

5. Umashankar S/o Ramanand, Aged About 48 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Kedma, Registration No. 1711, R/o Village Kedma, District Surguja, Headquarter Ambikapur, Chhattisgarh.

6. Jageshwar Yadav S/o Amar Sai, Aged About 60 Years, Elected Representative of Prathmik Laghu Vanopaj Sahakari Samiti Maryadit, Darima, Registration No. 1697, R/o Village Ramjuri, District Surguja, Headquarter Ambikapur, Chhattisgarh.

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Department of Cooperative, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh.

2. Joint Registrar Cooperative Societies, Surguja, Division Surguja District Surguja Chhattisgarh.

3. State Cooperative Election Commission, Through its Commissioner, Raipur, Mahila Thana, Chowk, Chhotapara, District Raipur Chhattisgarh.

4. Managing Director, Zila Laghu Vanopaj Sahakari Sangh Maryadit, Surguja, Headquarter Ambikapur, District Surguja, Chhattisgarh.

---- Respondents

WPC No. 1250 of 2022

1. Lilarpuri Goswami S/o Shri Arjunpuri Goswami, Aged About 48 Years, President Prathmik Laghu Vanopaj Sahakari Samiti Maryadit Bandhpara, Registration No. 3297, R/o Village Ward No. 06 Rajiv Nagar Katghora, Thana and Tahsil Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

2. Ashok Das S/o Shri Balak Das Aged About 60 Years, President Prathmik Laghu Vanopaj Sahakari Samiti Maryadit Chotiya, Registration No. 3271, R/o Village Chotiya Madai, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Co-Operative Department, Mahanadi Bhawan, Capital Complex, Atal Nagar New Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Commissioner, State Co-Operative Election Commission Raipur, Mahila Thana Chowk, Chhotapara Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Deputy Registrar Co-Operative Society Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

4. District Laghu Vanopaj Sahakari Samiti Maryadit Katghora, through its Secretary District Laghu Vanopaj Sahakari Samiti Maryadit Katghora, District Korba, Chhattisgarh., District : Korba, Chhattisgarh

---- Respondents

WPC No. 1272 of 2022

 Rohit Das Manikpuri S/o Shri Shrawan Das Manikpuri, Aged About 42 Years, Member of District Vanopaj Cooperative Union Maryadit, Van Mandal Dhamtari, R/o Village Salhebhatha, Block Nagri, Tahsil Kukrel, District Dhamtari Chhattisgarh.

---- Petitioner

Versus

1. The State Of Chhattisgarh, Through The Secretary, Department of Cooperative Societies, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur Chhattisgarh.

2. The Secretary, State Cooperative Election Commission, Raipur, Chhattisgarh Office At Mahila Thana Chowk, Chhotapara, Raipur, District Raipur Chhattisgarh.

3. The Returning Officer, Primary Vanopaj Cooperative Committee Limited, Chhuhi, Block Nagari, District Dhamtari Chhattisgarh (Registration No. 267).

---- Respondents

Mr. Shashank Thakur, counsel for the petitioners (in W.P.(C) 10/03/2022 No.1262 & 1244 of 2022).

Mr. Manish Upadhyay, counsel for the petitioner (in W.P.(C) No.1246 of 2022).

Mr. Sunil Sahu, counsel for the petitioner (in W.P.(C) No.1250 of 2022).

Mr. Roop Ram Naik, counsel for the petitioner (in W.P.(C) No.1272 of 2022).

Ms. Priyamvada Singh, Ms. Akanksha Jain, Dy.G.A., Mr. Aditya Bhardwaj and Ms. Sameeksha Gupta, P.L. for the State respondents.

Mr. Malay Shrivastava, counsel for the State Cooperative Election Commission, Raipur, Mr. Ashutosh Singh Kachhawaha, counsel for the Chhattisgarh Rajya Minor Forest Produce Cooperative Society Limited..

Heard on petitions and also on applications for grant of stay.

It is submitted by the learned counsel for the petitioners in all

the cases that all the petitioners are elected members and

representatives of the respective societies, who have been declared

elected on 03.12.2021, 09.12.2021, 20.11.2021 and 30.11.2021

respectively. It is submitted that the respondent No.1 has passed the

impugned order (Annexure P-1), which is totally arbitrary and without

the authority of any law by canceling the election of representatives

and election program has also been issued by which the election of

representatives is scheduled on 11.03.2022.

It is submitted that the impugned order passed by the

respondent No.1 is in violation of Article 243 ZK of the Constitution of

India. Section 50-B of the C.G. Cooperative Societies Act, 1960 (in

Short 'the Act, 1960) does not provide Election Commissioner with any

such power to cancel the election. The only remedy available is to

challenge the election under Section 64 of the Act, 1960. Reliance has

been placed on the judgment of Supreme Court in case of Jyoti Basu

& Ors. Vs. Debi Ghosal & Ors., reported in (1982) 1 SCC 691, in

Shailesh Manubhai Parmar vs. Election Commission of India

through the Chief Election Commissioner and Ors., reported in

(2018) 9 SCC 100 and also on the judgment of this Court passed in

W.P.(C) No. 43 of 2018, decided on 19.03.2018 between

Mohammad Naushad Quereshi Vs. State of C.G., therefore, prayer

has been made to stay the election.

Learned counsel for the respondent No.2 opposes the

submissions and submits that the election process has not been

canceled and the election procedure is continuing. It is submitted that

the petitioners' counsels are making misinterpretation of the Article

243 ZK of the Constitution of India. Sub-section 10 of Section 50-B of

the Act, 1960 empowers the Commission for passing such order. It is

submitted that the petitioners are the directors of the respective

society, hence, they are not affected. Hence, the prayer for interim

relief be dismissed.

Learned State counsel representing respondents No.1,3 & 5

adopts the arguments advanced by the respondent No.2.

Learned counsel for the respondent No.4 makes formal

objection.

Considered on the submissions. It is ordered that the election

as proposed by the respondent No.2 for the election of representative

of the society shall remain stayed, until the next date of hearing.

Issue notice to the respondent Primary Minor Forest Produce

Cooperative Society Limited Bhadsena, District Rajnandgaon

Chhattisgarh. Process fee as per rules.

List this case after four weeks.

In the meanwhile, the appearing respondents may file reply.

                       /-                        Sd/-
balram                               (Rajendra Chandra Singh Samant)
                                                 Judge