State Cooperative Election Commission v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 34 of 2021 (Arising out of order dated dated 09.12.2020 passed by this Court in Writ Appeal No. 404 of 2020) • State Cooperative Election Commission through its Secretary, Mahila Thana Chowk, Chhotapra, Raipur, District Raipur (C.G.). ---- Petitioner

Versus

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

2. Registrar Cooperative Societies, Chhattisgarh, Indrawati Bhawan, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.

3. Zila Sahakari Kendriya Bank Maryadit Durg, Through Its Chief Executive Officer, Office At G.E. Road, Durg, District- Durg, Chhattisgarh.

4. Pritpal Belchandan S/o Late Budhar Lal Aged About 58 Years Ex- President Of Zila Sahakari Kendriya Bank Maryadit, Durg, R/o Village And Post Tirga, Tahsil And District Durg, Chhattisgarh.

---- Respondents _____________________________________________________________ For Petitioner :

Mr. Rajeev Shrivastava, Advocate For Respondent/State :

Mr. Vikram Sharma, Deputy Government Advocate.

For respective Respondent :

Mr. Sarfaraj Khan, Advocate ______________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per, P. R. Ramachandra Menon, Chief Justice 25.01.2021 1.

The writ appeal was finalised by this Court as per Annexure A-2 verdict dated 09.12.2020 directing the 2nd respondent (herein "Appellant") to complete the process of election within a period of three months from the date of receipt of a copy of the judgment. The present

MCC has been filed by the State Co-operative Election Commission pointing out the necessity to have some more time to comply with the direction.

2.

Heard Shri Rajeev Shrivastava, the learned counsel for the Petitioner, Shri Vikram Sharma, the learned Deputy Government Advocate appearing for the State as well as Shri Sarfaraj Khan, learned counsel appearing for the respective Respondent. 3.

Considering the facts and circumstances pointed out in the proceedings, with regard to the hurdles which came in the way in giving effect to the direction within stipulated time, we are of the view that extension of time can be granted. It is ordered accordingly. 4.

The election shall be finalised by the Appellant within a further period of 'three months' from the date of expiry of the time originally granted.

5.

MCC stands disposed off.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge amita